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    UK Supreme Court complicates international insolvencies
    2012-12-19

    The central question in Rubin v Eurofinance SA, [2012] UKSC 46, was whether the English courts ought to recognise the order or judgment of a foreign court to set aside transactions determined to be preferential or to have been at an undervalue, in circumstances where the defendant in the foreign proceedings was not present in the foreign jurisdiction or had not voluntarily submitted to its courts.

    Filed under:
    Canada, United Kingdom, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Comity, UK Supreme Court
    Location:
    Canada, United Kingdom
    Firm:
    Borden Ladner Gervais LLP
    Ontario Court of Appeal addresses PBA deemed trust and other pension issues in CCAA proceedings
    2011-04-21

    On April 7, 2011, the Ontario Court of Appeal released its judgment in theRe Indalex Limited case (Indalex).1 The decision addresses the interplay between the deemed trust provision in the Ontario Pension and Benefits Act (PBA)2 and the federal Companies’ Creditors Arrangement Act (CCAA),3 as well as the fiduciary duties of pension plan administrators in CCAA proceedings. Indalex is important for pension plan sponsors and administrators for a number of reasons:

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Fiduciary, Beneficiary, Liquidation, Title 11 of the US Code, Companies' Creditors Arrangement Act 1933 (Canada), United Steelworkers, Court of Appeal of England & Wales, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    The chronicles of property of the bankrupt: trustees, interim receivers and the law of trusts
    2008-08-19

    In Re Norame Inc. (2008), 90 O.R. (3d) 303(Ont. C.A.), the Ontario Court of Appeal was again called upon to consider various issues of importance to insolvency practitioners. In a decision released on April 28, 2008, Mr. Justice LaForme delivered the judgment for the Court of Appeal and in so doing dismissed the appeal of Paddon + Yorke Inc., in its capacity as trustee in bankruptcy of Norame Inc. (the "Trustee").

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Involuntary dismissal, Common law, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of England & Wales, Court of Appeal for Ontario, Ontario Superior Court of Justice, Trustee
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP

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