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    Bankruptcy risks for intellectual property licensing in Canada
    2009-02-23

    The recent economic turmoil has brought to the forefront concerns by licensees as to what happens to their rights to licensed intellectual property upon the bankruptcy of a licensor. Unfortunately, under Canadian law, the answer to that question is not clear.

    Background

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, Litigation, Stikeman Elliott LLP, Bankruptcy, Injunction, Economy, Vesting, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of England & Wales, British Columbia Supreme Court
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    Application of the Superintendent of Bankruptcy’s Levy carved back
    2009-02-27

    Section 147 of the Bankruptcy and Insolvency Act (“BIA”) provides that the Superintendent’s Levy is applied to defray the supervisory expenses of the Superintendent, will be charged on dividend payments made by the trustee.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Dividends, Debt, Liquidation, Precondition, Secured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Trustee
    Location:
    Canada
    Firm:
    Dentons
    Approval of cross border DIP financing facilities
    2009-02-27

    In Re Intertan Canada Ltd. (2009), WL 181688 (Ont. S.C.J. [Commercial]), 2009 CarswellOnt 324 [Re Intertan], Morawetz J denied the approval of an amended DIP financing agreement under CCAA proceedings which was granted under the Chapter 11 proceedings in the United States.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Retail, Unsecured debt, Default (finance), Subsidiary, Constitutional amendment, Companies' Creditors Arrangement Act 1933 (Canada)
    Location:
    Canada
    Firm:
    Dentons
    Licences as property or collateral
    2009-03-10

    The recent decision of the Supreme Court of Canada in Saulnier (Receiver of) v. Saulnier has changed the basis for determining whether a licence is property under a provincial Personal Property Security Act (“PPSA”) and the federal Bankruptcy and Insolvency Act (“BIA”).

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McMillan LLP, Bankruptcy, Interest, Secured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Personal Property Security Act 1990 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    David E. Thring
    Location:
    Canada
    Firm:
    McMillan LLP
    Legislative amendments to widen the “director” net in insolvencies
    2009-03-12

    Currently, neither the Bankruptcy and Insolvency Act nor the Companies’ Creditors Arrangement Act defines “director.” However, pending legislative amendments to the Bankruptcy and Insolvency Act (BIA) and Companies’ Creditors Arrangement Act (CCAA) will include an expansive definition of “director” that includes any person “occupying the position of director,” regardless of his or her formal title.

    Filed under:
    Canada, Insolvency & Restructuring, Osler Hoskin & Harcourt LLP, Bankruptcy, Shareholder, Board of directors, Liability (financial accounting), Secured creditor, Companies' Creditors Arrangement Act 1933 (Canada), Corporations Act 2001 (Australia), Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Edward A. Sellers , Andrea Amaral-Leblanc
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Chapter 15: a Canadian perspective
    2009-03-19

    American Bankruptcy Institute: Caribbean Symposium 2009

    Introduction

    Filed under:
    Canada, Insolvency & Restructuring, McMillan LLP, Debtor, Liquidation, US Code, Title 11 of the US Code, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    McMillan LLP
    Licenses and Parliament’s lexicon
    2008-12-08

    The Supreme Court of Canada released its decision in Saulnier v. Royal Bank of Canada on October 24, 2008. The decision provides welcome clarification concerning the nature of government licenses and confirms that at least certain kinds of licenses constitute property for the purposes of the Bankruptcy and Insolvency Act (the “BIA”) and for the purposes of Canadian personal property security legislation. The decision is also important because it takes a purposive and commercial approach to the interpretation of bankruptcy and personal property security legislation.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Interest, Personal property, Common law, Secured creditor, Easement, Tangible property, Bénéfice, Royal Bank of Canada, Bankruptcy and Insolvency Act 1985 (Canada), Personal Property Security Act 1990 (Canada), Supreme Court of Canada
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Quebec court rules on hypothec enforceability
    2008-12-18

    In the early nineties, Quebec adopted new personal property legislation under the reform of the Civil Code of Quebec (the "CCQ"). However, the CCQ incorporated language and legislation from Quebec's former personal property regime. This combination of old and new legislation has, in some cases, left remnants of formalism surrounding the creation of certain types of hypothecs (security interests). In Positron Technologies Inc.

    Filed under:
    Canada, Quebec, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Bond (finance), Legal personality, Interest, Debt, Personal property, Limited partnership, Power of attorney, Debenture, Civil Code of Quebec, Trustee, Quebec Superior Court
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    RRSPs in British Columbia receives legislative protection from creditors
    2008-12-23

    The British Columbia Provincial government recently passed the Economic Incentive and Stabilization Statutes Amendment Act, 2008 (the “Act”). The Act was aimed at protecting RRSPs to afford self-employed individuals the same protection from creditors as those individuals who have planned for their retirement through a registered pension plan.

    To achieve this purpose, the Act amends a number of statutes in British Columbia.

    Filed under:
    Canada, British Columbia, Employee Benefits & Pensions, Insolvency & Restructuring, Dentons, Tax exemption, Ex post facto law, Debt, Retirement, Self-employment
    Location:
    Canada
    Firm:
    Dentons
    Nortel seeks Chapter 11 bankruptcy protection
    2009-01-16

    Nortel Networks Corp. of Canada, one of the world’s leading suppliers of fixed line phone network equipment, filed for protection from creditors Wednesday under Chapter 11 of the U.S. Bankruptcy Code. A pioneer in the development of network switches, routers, and fiber-optic technologies used by many of the world’s top telecommunications carriers, Nortel ranked as Canada’s largest company by value at the height of the global telecom market boom of the late 1990s and early 2000s.

    Filed under:
    Canada, USA, Insolvency & Restructuring, Telecoms, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bond (finance), Bankruptcy, Shareholder, Interest, Debt, Title 11 of the US Code, Chief executive officer
    Location:
    Canada, USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP

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