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    Supreme Court of Canada issues landmark ruling on treatment of environmental claims in corporate restructurings
    2012-12-13

    On December 7, 2012, the Supreme Court of Canada issued its ruling in Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67 and in so doing, closed an important chapter in the successful cross-border restructuring of AbitibiBowater Inc. - now Resolute Forest Products - under the Companies' Creditors Arrangement Act (the "CCAA") and Chapter 11 of the U.S. Bankruptcy Code.

    Facts of the Case

    Filed under:
    Canada, Environment & Climate Change, Insolvency & Restructuring, Litigation, Stikeman Elliott LLP, Debtor, Companies' Creditors Arrangement Act 1933 (Canada), Supreme Court of Canada
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    Environmental liability in a CCAA proceeding
    2012-12-13

    In Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67, the Supreme Court of Canada was called upon to consider whether orders issued by a regulatory body with respect to environmental remediation work are “provable claims” in a proceeding commenced under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c.C-36 (the “CCAA”).

    Filed under:
    Canada, Environment & Climate Change, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Environmental remediation, Environmental protection, Companies' Creditors Arrangement Act 1933 (Canada), Supreme Court of Canada, Quebec Superior Court
    Location:
    Canada
    Firm:
    Borden Ladner Gervais 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
    Sino-Forest: Ontario Court of Appeal upholds superior court decision on “equity claims”
    2012-11-27

    In Re Sino-Forest Corporation1, the Ontario Court of Appeal upheld the interpretation of “equity claims” employed by Justice Morawetz of the Ontario Superior Court of Justice (Commercial List).

    Filed under:
    Canada, Ontario, Company & Commercial, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Shareholder, Class action, Underwriting, Court of Appeal for Ontario
    Authors:
    Virginie Gauthier , Daniel Pearlman
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP
    Update on DIP financing and priority charges
    2012-12-06

    This bulletin is a cross-country update presented by the national Restructuring & Insolvency Group. It discusses the key cases across the country involving debtor-inpossession (DIP) financing, court-ordered charges and other priority claims and disputes in recent Canadian insolvency proceedings.

    Introduction

    Filed under:
    Canada, Ontario, British Columbia, Arbitration & ADR, Banking, Employee Benefits & Pensions, Environment & Climate Change, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Debtor, Beneficiary, Court of Appeal of England & Wales
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP
    The importance of clarity in contractual agreements
    2012-10-18

    A recent case illustrates the importance of clarity in the contractual arrangements associated with the disposition of a debtor’s assets. In the case, the Court appointed receiver was given Court approval for an auction services agreement. Under that agreement, the auctioneer was to conduct an auction sale of the debtor’s assets and was entitled to charge and collect a buyer’s premium equal to a minimum of 12% of the sales price.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Debtor
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Canada proposes amendments to CDIC Act and Payment Clearing and Settlement Act to enhance powers to deal with insolvent deposit taking institutions - new temporary stay on EFCs proposed
    2012-10-19

    Where an insured deposit taking institution (and let’s just call it abank to make things easy) is subject to a receivership order under the Canada Deposit Insurance Corporation Act (CDIC Act) the government can incorporate a bridge bank to take over the good assets and run the bank until it can be sold. If it does so the usual exemptions from the statutory stays for termination, netting and collateral enforcement for el

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Stikeman Elliott LLP, Collateral (finance), Clearing house (finance), Deposit insurance
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    Canada proposes amendments to Payment Clearing and Settlement Act to facilitate clearing of OTC derivatives
    2012-10-19

    Bill C-45 proposes changes to the Payment Clearing and Settlement Act to enhance certainty that clearing house default rules will be enforceable in the event of a clearing member default. These reforms are an important aspect of financial markets reforms

    Filed under:
    Canada, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Stikeman Elliott LLP, Clearing (finance), Clearing house (finance)
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    An employer is ordered to pay an outstanding assessment to the CSST relating to a trucking company that it had hired
    2012-10-19

    On September 6, 2012, the Commission des lésions professionnelles (the CLP) deliberated on the interpretation of article 316 of An Act Respecting Industrial Accidents and Occupational Diseases(the Act) which states that the Commission de la santé et de la sécurité du travail (the CSST) can require from an employer that retains the services of a contractor to pay the assessment due by said contractor.

    Filed under:
    Canada, Construction, Employment & Labor, Insolvency & Restructuring, Litigation, Stikeman Elliott LLP
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    Ontario Superior Court of Justice dismisses claim for punitive damages against directors of a former Ontario issuer
    2012-10-22

    In the recent decision of Frank v. Farlie, Turner & Co., LLC, 2011 ONSC 5519, Mr. Justice Perell of the Ontario Superior Court of Justice found, among other things, that punitive damages are not available under Part XXIII.1 of the Ontario Securities Act as such damages are inconsistent with the scheme and purpose of Ontario’s statutory secondary market disclosure liability regime.  In so doing, the court confirmed the fundamental importance of liability limits in continuous disclosure claims against directors and officers.

    Filed under:
    Canada, Ontario, Capital Markets, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Public company, Punitive damages, Securities Act 1933 (USA), Ontario Superior Court of Justice
    Authors:
    Wendy Berman , Jonathan Wansbrough
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP

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