Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Court of Appeal of Ontario: room for constructive trusts in insolvency proceedings
    2022-08-25

    On July 13, 2022, the Court of Appeal for Ontario allowed an appeal from the Order of a bankruptcy judge in Sirius Concrete Inc. (Re), 2022 ONCA 524 (Sirius), which ruled that certain funds paid by a trade creditor formed part of the bankrupt’s estate. The issue on appeal was whether a constructive trust should be imposed over certain funds due to a claim of unjust enrichment arising from alleged fraudulent misrepresentations made by the bankrupt on the eve of its bankruptcy filing.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Insolvency, Court of Appeal for Ontario
    Authors:
    Jack Maslen , Anthony Mersich
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Canadian energy oil and gas: Top 20 of 2020 - Judicial decisions
    2021-02-10

    Part 1

    Without question, the top story over the last year has been the COVID-19 pandemic and its tremendous ongoing effects felt across Canada and the world.

    This time has had a significant impact on Canada’s energy industry and many of the changes and developments that took place in 2020 will continue to influence trends, business decisions and the future growth of Canada’s energy industry in 2021.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Coronavirus
    Authors:
    Jessica Cameron , Jack Maslen , Tiffany Bennett
    Location:
    Canada
    Firm:
    Borden Ladner Gervais 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
    King of the Hill: A Priority Dispute between Lien Claimants and Secured Creditors in a Bankruptcy
    2018-03-16

    In Royal Bank of Canada v. A-1 Asphalt Maintenance Ltd. the Court was asked to determine the priority of claims in a bankruptcy between Royal Bank of Canada (the "Bank"), a secured creditor of the bankrupt, A-1 Asphalt Maintenance Ltd. ("A-1") and The Guarantee Company of North America (the "GCNA") a bond company that paid out 20 lien claims and was subrogated to those rights under the Construction Lien Act ("CLA").

    Filed under:
    Canada, Construction, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada), Royal Bank of Canada, KPMG
    Authors:
    Scott Pollock
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    IP Licence Provided Contractual Right, Not a Property Right in the Asset
    2016-10-12

    Golden Opportunities Fund Inc v Phenomenome Discoveries Inc, 2016 SKQB 306

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, Litigation, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Adrian J. Howard , Beverley Moore
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    The effect of on-going insolvency and restructuring proceedings on landowner claims for compensation before the Alberta Surface Rights Board
    2014-07-02

    ​The doctrine of federal paramountcy provides that where there is an inconsistency between validly enacted but overlapping provincial and federal legislation, the provincial legislation is inoperative to the extent of the inconsistency and the remainder of the provincial legislation is unaffected.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Real Estate, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Andrew Pozzobon
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Bank of Montreal v. Peri Formwork Systems Inc.
    2012-01-20

    In the recently released Judgment in Bank of Montreal v. Peri Formwork Systems Inc.1, the British Columbia Court of Appeal was called upon to decide whether a Monitor, under the Companies’ Creditors Arrangement Act (“CCAA”)2, or a Receiver, under the Builders Lien Act 3, could borrow monies to complete a development project in priority to claims of builder’s liens registered against the project.

    Filed under:
    Canada, British Columbia, Construction, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Limited partnerships and the CCAA
    2009-07-27

    In theMatter of Forest and Marine Financial Corporation (2009) BCCA 319, the British Columbia Court of Appeal was called upon to consider whether a limited partnership qualifies for protection under the Companies Creditors’ Arrangement Act (“CCAA”). The Court also considered whether, in the circumstances of the case, a stay of proceedings should have been issued with respect to the limited partnership.

    Filed under:
    Canada, British Columbia, Company & Commercial, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Debtor, Debt, Limited partnership, Refinancing, Secured creditor, Court of Appeal of England & Wales
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    M&A considerations for companies in financial distress
    2020-10-21

    This is part three of a series focusing on current M&A trends, opportunities and challenges

    Filed under:
    Canada, Corporate Finance/M&A, Insolvency & Restructuring, Borden Ladner Gervais LLP, Due diligence, Coronavirus
    Location:
    Canada
    Firm:
    Borden Ladner Gervais 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:
    Robyn Gurofsky , Jack Maslen
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 10
    • Page 11
    • Page 12
    • Page 13
    • Current page 14
    • Page 15
    • Page 16
    • Page 17
    • Page 18
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days