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    Insolvency Now (Issue 12): Navigating Uncertainty: The Impact of Tariffs and Economic Shifts on Canadian Insolvencies
    2025-05-14

    The Impact of Tariffs and Economic Shifts on Canadian Insolvencies

    Insolvency Now Navigating Uncertainty: The Impact of Tariffs and Economic Shifts on Canadian Insolvencies Issue 12

    Contents

    Introduction

    1

    Insolvency Data Analysis

    4

    CCAA Proceedings in Canada

    7

    Regional Observations

    12

    Business Openings and Closures

    15

    Looking Ahead

    17

    Key Contacts

    18

    Filed under:
    Canada, Insolvency & Restructuring, Davies Ward Phillips & Vineberg LLP, Supply chain, Tariffs, Insolvency
    Location:
    Canada
    Firm:
    Davies Ward Phillips & Vineberg LLP
    Court grants first RVO in a CBCA plan of arrangement
    2025-03-07

    The lines continue to blur between arrangements under corporate and insolvency statutes.

    In Xplore Inc. (Re), 2024 ONSC 5250, the Court broke new ground by granting the first reverse-vesting order (“RVO”) in a corporate plan of arrangement under the Canada Business Corporations Act (“CBCA”).

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Gowling WLG
    Location:
    Canada
    Firm:
    Gowling WLG
    Alberta Court of Appeal further clarifies the fraudulent misrepresentation exemption under Bankruptcy and Insolvency Act
    2025-02-19

    Canada’s Bankruptcy and Insolvency Act (BIA) is designed to give “honest, but unfortunate debtors” a “fresh start” by automatically staying litigation and dealing with the bankrupt’s debts and liabilities in an orderly fashion. But what if the bankrupt was dishonest? Should they be entitled to have litigation stayed and their debts discharged? The BIA contains tools to address this.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, DLA Piper, Supreme Court of Canada, Court of Appeal of Alberta
    Authors:
    Jordan Deering , Regan Christensen , Logan Maddin
    Location:
    Canada
    Firm:
    DLA Piper
    Chapter 11 and CCAA: A Cross-Border Comparison
    2025-02-11

    Navigating the complexities of cross-border bankruptcy and insolvency proceedings can be daunting for international businesses. This demystifying guide compares Chapter 11 of the U.S. Bankruptcy Code and Canada’s Companies’ Creditors Arrangement Act (CCAA), highlighting each jurisdiction’s unique processes and requirements.

    Filed under:
    Canada, Insolvency & Restructuring, Blake, Cassels & Graydon LLP, Insolvency
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP
    It’s Not Easy Without Green: Party Prevented From Continuing to Interfere in Bankruptcy Proceedings Due to Unpaid Costs Awards
    2025-02-03

    In Re Proex Logistics, 2025 ONSC 51, Justice Steele of the Ontario Superior Court of Justice (Commercial List) recently made a number of holdings related to the process for trustees accepting claims in a bankruptcy and other parties seeking to challenge those decisions. The Court held that:

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Ontario Superior Court of Justice, British Columbia Supreme Court
    Authors:
    Trevor A Courtis
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    To stake or not to stake: GP staking vs. alternative liquidity solutions
    2025-01-23

    Historically, a GP’s source of liquidity was self-generated. Whether through management fees or house carry, sources of cash for a sponsor came from within the sponsor’s structure. This, not surprisingly, places inherent limitations on the manager’s ability to grow the business, facilitate succession planning and achieve other strategic objectives.

    Filed under:
    Canada, Insolvency & Restructuring, Torys LLP, Private equity
    Authors:
    Danielle Kline (Traub) , Grace Mangusso
    Location:
    Canada
    Firm:
    Torys LLP
    2024 Notable Cases (Part 5) - Supreme Court Clarifies Bankruptcy Treatment of Securities Penalties and Disgorgement Orders
    <br>
    2025-01-20

    On July 31, 2024, the Supreme Court of Canada provided clarity regarding the treatment of administrative monetary penalties and disgorgement orders resulting from securities violations in Poonian v. British Columbia (Securities Commission).

    Filed under:
    Canada, British Columbia, Capital Markets, Insolvency & Restructuring, Litigation, Baker McKenzie, Supreme Court of Canada
    Authors:
    Michael Nowina , John J. Pirie , Ahmed Shafey , Anton Rizor
    Location:
    Canada
    Firm:
    Baker McKenzie
    2024 Notable Cases (Part 1) - Supreme Court clarifies Corporate Attribution Doctrine
    <br>
    2025-01-08

    As we enter 2025, we look back on five important decisions that made the news in 2024. Here is the the first case.

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Litigation, Baker McKenzie, Supreme Court of the United States, Supreme Court of Canada
    Authors:
    Michael Nowina , John J. Pirie , Ahmed Shafey , Anton Rizor
    Location:
    Canada
    Firm:
    Baker McKenzie
    TGIF 29 November 2024 - Challenging examinations in aid of cross-border insolvency proceedings
    2024-11-29

    IE CA 3 Holdings Ltd and IE CA 4 Holdings Ltd (Companies) were two Canadian registered companies whose directors were located outside of Canada. The Companies’ parent company, Iris Energy Limited (Iris), was listed on NASDAQ and had its registered office in Melbourne and principal place of business in Sydney, with three of its six directors located in New South Wales.

    Filed under:
    Australia, Canada, New South Wales, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, NASDAQ, Corporations Act 2001 (Australia)
    Authors:
    Michael Kimmins , Daniel Byrne
    Location:
    Australia, Canada
    Firm:
    Corrs Chambers Westgarth
    Insolvency Now (Issue 11)
    2024-11-20

    Contents Introduction 1 Misplaced Restructuring Stigma 2 Rebranding Corporate Reorganization 3 Insolvency Data for First Half of 2024: Highlights 4 Geographic Data Breakdown 10 Final Thoughts 15 Key Contacts 16 The information in this publication should not be relied upon as legal advice. We encourage you to contact us directly with any specific questions. © 2024 Davies Ward Phillips & Vineberg LLP. All rights reserved.

    Filed under:
    Canada, Insolvency & Restructuring, Davies Ward Phillips & Vineberg LLP, Insolvency
    Location:
    Canada
    Firm:
    Davies Ward Phillips & Vineberg LLP

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