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    Supreme Court of Canada releases landmark Indalex decision
    2013-02-01

    On February 1, 2013, the Supreme Court of Canada (SCC) released its long-awaited decision in Sun Indalex Finance, LLC, et al. v. United Steelworkers, et al., 2013 SCC 6.

    The SCC has affirmed that priority charges created by courts in insolvency proceedings supersede provincial statutory deemed trusts for pension claims.

    The SCC decision is welcome news for “debtor-in-possession” (DIP) lenders, who questioned their priority position in the face of the Ontario Court of Appeal judgment in this proceeding, which reached the opposite conclusion.

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Bull Housser & Tupper LLP, Fiduciary, Supreme Court of Canada
    Authors:
    David Bain , Laura Donaldson , Steven D. Dvorak , E. Jane Milton, Q.C. , Kieran E. Siddall , Matthew (Shui-Yuen) Choi
    Location:
    Canada
    Firm:
    Bull Housser & Tupper LLP
    BCCA sets guidelines for bankruptcy appeals
    2012-11-27

    The British Columbia Court of Appeal has sent a clear message that it is necessary to file as well as serve a notice of appeal in bankruptcy matters within the prescribed 30-day time limit. The recent decision of Friedland (Re), 2012 BCCA 381, establishes a crucial practice point for insolvency practitioners.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, Bull Housser & Tupper LLP, Bankruptcy, Secured creditor, Unsecured creditor
    Location:
    Canada
    Firm:
    Bull Housser & Tupper LLP
    Cross-border insolvency: challenges continue as UK Supreme Court rejects Canadian approach
    2012-10-30

    October 30, 2012 - The UK Supreme Court has released a decision that significantly impacts cross-border insolvency proceedings: Rubin v. Eurofinance SA and New Cap Reinsurance Corporation v. A E Grant [2012] UKSC 46.

    Filed under:
    Canada, United Kingdom, Insolvency & Restructuring, Litigation, Bull Housser & Tupper LLP, Comity, Common law, Enforcement of foreign judgments, UK Supreme Court, United States bankruptcy court, Supreme Court of Canada
    Location:
    Canada, United Kingdom
    Firm:
    Bull Housser & Tupper LLP
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