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    The COVID-19 Pandemic and the Insolvency Laws in Canada: A Primer
    2020-04-01

    Original Newsletter(s) this article was published in: Commercial Litigation Update: April 2020

    The COVID-19 pandemic is, first and foremost, a human and health crisis. Social and physical distancing has been the almost universal response to this pandemic. The effect of social distancing on the economy, however, is significant.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Blaney McMurtry LLP, Bankruptcy, Coronavirus
    Authors:
    Lou Brzezinski
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Court of Appeal summaries (March 2 - March 6, 2020)
    2020-03-07

    Good afternoon.

    Please find below our summaries of this past week’s civil decisions of the Court of Appeal for Ontario. Topics covered included insurance broker negligence, zoning (use) bylaw enforcement, the wrongful termination of a commercial lease and the automatic right of appeal of bankruptcy orders.

    Filed under:
    Canada, Ontario, Banking, Construction, Insolvency & Restructuring, Insurance, Litigation, Real Estate, Blaney McMurtry LLP, Bankruptcy, Royal Bank of Canada
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Ontario Court of Appeal Holds No Leave Required in Appeals of Bankruptcy Orders
    2020-03-13

    On March 6, 2020, the Ontario Court of Appeal (the “OCA”) released its decision in Royal Bank of Canada v. Bodanis (“Bodanis”),1 holding that two debtors, each having an estate exceeding $10,000 in value, had appeals of their bankruptcy orders as of right under section 193 of the Bankruptcy and Insolvency Act2(the “BIA”) and thus did not need to seek leave to appeal.

    Section 193 reads as follows:

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Bankruptcy, Royal Bank of Canada, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Sam Babe
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Location really is everything when it comes to dividing family property amid bankruptcy
    2020-02-14

    Whether a former spouse's pension can be shared after bankruptcy depends entirely on where he or she lives

    Resolving the way a separated couple’s property is dealt with can be complicated, but it gets even more complex if one of the spouses declares bankruptcy after separation.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Torkin Manes LLP, Bankruptcy
    Authors:
    Laurie H. Pawlitza
    Location:
    Canada
    Firm:
    Torkin Manes LLP
    Consent judgment survives bankruptcy
    2018-12-07

    In Water Matrix Inc. v Carnevale, Justice Sanfilippo found that a consent judgment may survive bankruptcy if it arises from a claim that is based in fraud. This allowed a company that was defrauded by a former employee to continue to enforce the company’s judgment after bankruptcy.

    Background

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, White Collar Crime, Baker McKenzie, Bankruptcy
    Authors:
    Ben Sakamoto , Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
    Foiled by Fonts: How Expert Evidence on Fonts Demonstrated Trusts Were Shams
    2019-01-23

    The Ontario Superior Court of Justice recently reviewed the indicia of a sham trust in McGoey (Re).

    Gerald McGoey, an undischarged bankrupt, and his wife, Kathryn McGoey, claimed to be holding two properties in trust for their children. The Trustee in Bankruptcy brought a motion to have the properties declared assets of the Estate of Gerald McGoey, subject to realization for the benefit of his creditors.

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Real Estate, White Collar Crime, WeirFoulds LLP, Bankruptcy, Bankruptcy and Insolvency Act 1985 (Canada), Ontario Superior Court of Justice
    Authors:
    Caroline Garrod
    Location:
    Canada
    Firm:
    WeirFoulds LLP
    The Supreme Court Unanimously Overturns the Decision of the Federal Court of Appeal in Callidus Capital Corporation v. Canada
    2018-11-12

    Where there is a bankruptcy, there is no personal liability of a secured creditor to the Crown for funds received prior to the bankruptcy from a realization of assets that were subject to the deemed trust under the Excise Tax Act (Canada) (“ETA”).

    Factual Background

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Langlois Lawyers LLP, Bankruptcy, Debtor, Debt, Secured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Federal Court of Appeal (Canada)
    Authors:
    Éric Savard , Charles Lapointe
    Location:
    Canada
    Firm:
    Langlois Lawyers LLP
    The Queen v. Callidus Capital Corporation Overturned; Lenders Breathe a Sigh of Relief, But For How Long?
    2018-11-12

    We previously wrote about the decision in The Queen v. Callidus Capital Corporation of the Federal Court of Appeal in our Restructuring and Tax Bulletin, here. The decision, released in July 2017, was overturned on November 8, 2018 by the Supreme Court of Canada, offering sought-after certainty for secured lenders. Access the ruling here.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McMillan LLP, Bankruptcy, Debtor, Dissenting opinion, Secured creditor, Trustee, Supreme Court of Canada
    Location:
    Canada
    Firm:
    McMillan LLP
    No Deemed Trust for Unremitted GST and HST Post-Bankruptcy
    2018-11-13

    In a unanimous decision issued November 8, 2018, the Supreme Court of Canada granted the appeal of the decision of the Federal Court of Appeal in Canada v Callidus Capital Corp, 2017 FCA 162.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Bennett Jones LLP, Bankruptcy, Excise, Secured creditor, Canada Revenue Agency, Supreme Court of Canada, Federal Court of Appeal (Canada)
    Authors:
    Kelsey J. Meyer , Raj S. Sahni
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Ontario Court of Appeal Summaries (November 19 - 23, 2018)
    2018-11-23

    There were six substantive civil decisions released by the Court of Appeal this week. There were many criminal decisions released.

    In Wall v. Shaw, the Court determined that there is no limitation period to objecting to accounts in an application to pass accounts in an estates matter. A notice of objection is not a “proceeding” within the meaning of the Limitations Act, 2002.

    Filed under:
    Canada, Ontario, Construction, Employment & Labor, Insolvency & Restructuring, Litigation, Public, Real Estate, White Collar Crime, Blaney McMurtry LLP, Bankruptcy, Statutory interpretation, Fraud, Negligence, Constructive trust, Adverse possession, Unocal Corporation, Supreme Court of Canada
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP

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