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    Alberta Court of Appeal confirms super-priority status of restructuring charges
    2019-09-04

    The ongoing priority dispute between deemed trusts created under federal “fiscal statutes” (being the Income Tax Act, the Canada Pension Plan Act and the Employment Insurance Act) and priming charges arising under restructuring and insolvency legislatio

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Companies' Creditors Arrangement Act 1933 (Canada), Canada Pension Plan Act 1985, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Walker W. MacLeod , Audrey Bouffard-Nesbitt , Noah Zucker
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Judgment Creditors Beware: The Impact of Limitation Periods on Section 38 BIA Claims
    2019-09-11

    On July 31, 2019, the Ontario Court of Appeal rendered its decision in Ridel v. Goldberg, clarifying the interplay of the various provisions of the Limitations Act, 2002 at play in circumstances where judgment creditors are allowed to take proceedings in their own name pursuant to an order under the Bankruptcy and Insolvency Act.

    The Facts

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Geneviève Fauteux , Christine Kucey
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Court Counsels Engagement with Creditor before Ruling on Proofs of Claim
    2019-09-17

    A Manitoba Court recently offered guidance on how to approach an appeal from a notice of disallowance or determination of a claim under section 135(4) of the Bankruptcy and Insolvency Act, RSC 1985, c B-3 (“BIA”). Existing jurisprudence provided conflicting positions on whether to treat such appeals as true appeals or a hearing de novo. True appeals generally restrict the evidentiary record before the court to the evidence that was before the trustee. In a de novo hearing, the appeal court considers fresh evidence as a matter of course.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McMillan LLP, Debtor, Bankruptcy and Insolvency Act 1985 (Canada), Trustee
    Authors:
    Jeffrey Levine , Guneev Bhinder
    Location:
    Canada
    Firm:
    McMillan LLP
    Out of Control: Yukon Court Lifts Stay in BC Proposal Proceedings of Mining Company
    2019-08-27

    In Yukon (Government of) v. Yukon Zinc Corporation, 2019 YKSC 39 (“Yukon Zinc”), the Yukon Supreme Court recently lifted a stay of proceedings imposed in proposal proceedings commenced in British Columbia by Yukon Zinc, a Vancouver-based mining company whose principal asset is the Wolverine Mine in Yukon.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Debtor, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Trevor A Courtis , Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Alberta Court of Appeal Confirms Superpriority for Receiver’s Fees and Costs
    2019-03-29

    In the recent decision of Edmonton (City) v Alvarez & Marsal Canada Inc., 2019 ABCA 109, the Alberta Court of Appeal has concluded that fees and costs incurred by a court-appointed receiver should have priority over all claims by secured creditors, including special liens in favour of municipalities for unpaid property taxes. This is an important decision for the insolvency bar and provides some much needed comfort to receivers that their fees and costs will be protected by the court-ordered charge.

    The Decision

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of Alberta
    Authors:
    Jack Maslen , Myles fish
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Bank allowed to allege fraud in second ‘Kick at the Can’
    2019-03-29

    When a plaintiff obtains a judgment from the court, that party is normally precluded from starting another lawsuit seeking the same judgment debt from the defendant.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Ben Sakamoto , Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
    Clarity in Appeal Procedures Part II: The BIA Prevails - or Does It?
    2019-04-10

    In January, we wrote about a decision of Justice Watt of the Ontario Court of Appeal, which addressed the question of which appeal procedure must be followed in appeals of Orders made in proceedings constituted under both the Bankruptcy and Insolvency Act (the “BIA”) and the

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Steven L. Graff , Miranda Spence , Kyle Plunkett
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Blaney’s appeals: Ontario Court of Appeal Summaries (April 8 - 12, 2019)
    2019-04-12

    Good evening.

    Below are summaries of the civil decisions released by the Court of Appeal for Ontario this week.

    Filed under:
    Canada, USA, Ontario, Banking, Family, Insolvency & Restructuring, Litigation, Professional Negligence, Real Estate, Blaney McMurtry LLP, Freedom of information, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    John Polyzogopoulos
    Location:
    Canada, USA
    Firm:
    Blaney McMurtry LLP
    (Not) So Long, Astoria: Only 10 Days to Appeal Orders in Receivership Proceedings
    2019-04-16

    In Business Development Bank of Canada v.

    Filed under:
    Canada, Ontario, Energy & Natural Resources, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Trevor A Courtis
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Canadian Corporate & Restructuring Legislation: Changes Could be on the Way
    2019-05-17

    Bill C-97 (the “Bill”) was introduced in Parliament to implement the federal budget tabled by the Liberal government on March 19, 2019. The Bill includes proposed changes to the Canada Business Corporations Act (“CBCA”), the Bankruptcy and Insolvency Act (“BIA”) and the Companies Creditors’ Arrangements Act (“CCAA”).

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Litigation, McMillan LLP, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Waël Rostom , Jeffrey Levine
    Location:
    Canada
    Firm:
    McMillan LLP

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