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    Sino-Forest: more lessons as a chapter closes
    2014-03-17

    On March 13, 2014 the Supreme Court of Canada dismissed applications for leave to appeal by a group of alleged former institutional shareholders of Sino-Forest Corporation. These institutions unsuccessfully sought leave to appeal from orders approving Sino-Forest’s Companies’ Creditors Arrangement Act (CCAA) plan and approving a settlement reached between Ernst & Young and the plaintiff group that was awarded carriage of Sino-Forest class actions in Ontario.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Bennett Jones LLP, Debtor, Class action
    Authors:
    Robert W. Staley , Jonathan G. Bell
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    The Office of the Superintendent of Financial Institutions published its draft guideline Liquidity Adequacy Requirements
    2013-12-19

    On November 28, 2013, the Office of the Superintendent of Financial Institutions (OSFI) published its draft guideline entitled Liquidity Adequacy Requirements1 which set out the new liquidity requirements that may eventually apply to federal deposit-taking institutions, that is, the banks, bank holding compan

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Lavery Lawyers, Market liquidity, Bank holding company
    Authors:
    Marc Beauchemin , Leïla Yacoubi
    Location:
    Canada
    Firm:
    Lavery Lawyers
    Alberta Court clarifies threshold for CCAA filing
    2013-12-19

    A recent decision of the Alberta Court of Queen’s Bench in Tallgrass10 clarifies the threshold that a company must meet when it seeks relief pursuant to the CCAA11, particularly when such an application is met with a competing applicati

    Filed under:
    Canada, Alberta, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Debtor, Bridge loan
    Authors:
    Jeffrey Oliver , Danielle Marechal
    Location:
    Canada
    Firm:
    Gowling WLG
    Sophisticated guarantors held to the terms of their deal
    2013-12-19

    If Peter Morton and Cinitel Corp. had their way, every lender would have a distinct duty to a guarantor to permit the sale of a defaulting borrower’s assets as a going concern. In their view, a lender should be required to maximize its recovery from the borrower and to minimize any claim made on a guarantee. Fulfilling that duty would also obligate a lender to keep funding a borrower while that asset sale was negotiated and completed. It is enough to make any lender cringe.

    Fortunately, the Ontario Court of Appeal disagreed with Morton and Cinitel’s view of the lending world.

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Surety, Debtor, Default (finance)
    Authors:
    Richard C. Dusome
    Location:
    Canada
    Firm:
    Gowling WLG
    Lien on me: purchasers as secured creditors
    2014-01-22

    Pan Canadian Mortgage Group v. 679972 B.C. Ltd., 2013 BCSC 1078 (Pan Canadian), addresses the nature and priority of a purchaser’s lien, which, in general terms, is a financial charge that results when a purchaser pays a deposit toward the purchase price under a contract of purchase and sale.

    Filed under:
    Canada, British Columbia, Banking, Construction, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Secured creditor
    Authors:
    Vanessa Lunday
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Doing business in Alberta 2013
    2013-11-30

    DOING BUSINESS IN ALBERTA
    November 2013
    © Davis LLP 2013 i
    TABLE OF CONTENTS
    A. INTRODUCTION .............................................................................................................................. 1
    B. GOVERNMENT AND LEGAL SYSTEM ......................................................................................... 1
    C. TYPES OF BUSINESS ORGANIZATION ....................................................................................... 2

    Filed under:
    Canada, Alberta, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Franchising, Immigration, Insolvency & Restructuring, Tax, DLA Piper
    Location:
    Canada
    Firm:
    DLA Piper
    Preferential payments: commercial imperative or creditor pressure?
    2013-12-04

    In the recent decision of the Alberta Court of Appeal in Orion Industries Ltd. (Trustee of) v Neil's General Contracting Ltd.1("Orion Industries") the Court interpreted and applied the rule added as part of the 2009 amendments to section 95(2) of theBankruptcy and Insolvency Act ("BIA") which deals with preferential payments. That amendment provides that evidence of pressure by a creditor is inadmissible to support a preferential payment.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, McMillan LLP, Debtor, Debt, Liquidation, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, Court of Appeal of Alberta
    Authors:
    Waël Rostom , Jeffrey Levine
    Location:
    Canada
    Firm:
    McMillan LLP
    What about federal pension claims?
    2013-12-04

    The Status of Pension Benefits Standards Act, 1985 and Pooled Registered Pension Plans Act Deemed Trust Claims in Insolvency1

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Supreme Court of Canada
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    When is a quistclose trust not a quistclose trust? When you call it a “debt”
    2013-12-13

    In Ontario (Training, Colleges and Universities) v.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Limited partnership, Barclays, Court of Appeal for Ontario, Ontario Superior Court of Justice
    Authors:
    Kosta Kalogiros
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Quebec Court overturns federal pension deemed trust in Aveos CCAA
    2013-12-18

    In a November 20,2013 decision in the Companies Creditors’ Arrangement Act (the “CCAA”) proceedings of Aveos Fleet Performance Inc. and Aero Technical US, Inc.

    Filed under:
    Canada, Quebec, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, United Steelworkers, Companies' Creditors Arrangement Act 1933 (Canada), Supreme Court of Canada, Quebec Superior Court
    Authors:
    Sam Babe
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP

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