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    The impact of the energy transition: restructuring your investment without losing your international treaty rights
    2022-05-04

    At the COP26 climate summit in November 2021, over forty countries committed to phase out use of coal-fired power.

    Filed under:
    Canada, Global, USA, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, COP26
    Authors:
    Hinda Rabkin , Noiana Marigo , Diego Perez
    Location:
    Canada, Global, USA
    Firm:
    Freshfields Bruckhaus Deringer
    Review of recent Québec Court of Appeal decisions on consumer protection
    2022-05-04

    Consumer law in Québec remains in constant evolution, and the Consumer Protection Act (CPA) continues to be the subject of many court decisions each month.

    In this new article in our series on consumer law, we present recent developments in this area from the perspective of Québec Court of Appeal decisions over the past 12 months, which shed some light on the rules of the CPA.

    Filed under:
    Canada, Quebec, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, Litigation, Telecoms, Borden Ladner Gervais LLP, Bankruptcy, Consumer protection, Consumer Protection Act 1971 (Quebec) (Canada), Quebec Court of Appeal
    Authors:
    Guillaume Talbot-Lachance
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Court of Appeal summaries (April 25-April 29, 2022)
    2022-05-01

    Good afternoon.

    These are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of April 25, 2022.

    Filed under:
    Canada, Ontario, Capital Markets, Insolvency & Restructuring, Insurance, Litigation, Real Estate, Tax, Blaney McMurtry LLP, Bankruptcy, Coronavirus, Anti-bribery and corruption
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Unequal Treatment of Creditors: Paying a Supplier’s Pre-filing Debt in a Proposal Under the Bankruptcy and Insolvency Act
    2022-04-13

    We were approached by a company to assist with its restructuring. Our client’s biggest problem was that its largest unsecured creditor was also its main supplier. Approximately 80% of the client’s business depended on the products supplied by this supplier. This would not be a problem if the client and the supplier had an ongoing agreement to continue to supply, but there was no such agreement. The supplier could cut our client off at any time and had no legal obligation to continue to accept our client’s business.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, WeirFoulds LLP, British Columbia Supreme Court
    Authors:
    Wojtek Jaskiewicz
    Location:
    Canada
    Firm:
    WeirFoulds LLP
    Davies Insolvency Now (Issue 5) - Insolvencies in 2021: A Look Back and the Road Ahead
    2022-04-06

    Two years into the pandemic, policymakers struggle to strike a balance between mitigating the ongoing human costs of the crisis and exacerbating the financial strain caused by economic support measures. The 2022 World Development Report (Report) considers the central role that finance will play in enabling countries to recover economically from the pandemic, which in 2020 caused the global economy to shrink by approximately 3% and led to the largest singleyear surge in global debt in decades.

    Filed under:
    Canada, Arbitration & ADR, Insolvency & Restructuring, Litigation, Davies Ward Phillips & Vineberg LLP, Supply chain, Mediation, Coronavirus, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Davies Ward Phillips & Vineberg LLP
    Key Impacts of the COVID-19 Pandemic on Retail Insolvencies
    2022-04-06

    “Retail apocalypse” was the phrase coined to describe the anticipated demise of the brick-and-mortar retail store in the face of the unparalleled convenience of online shopping and other electronic commerce. Over the past decade, in response to the challenges faced by the changing retail landscape, many shopping centres tried to “e-proof” their properties by emphasizing in-person experiences that can be provided through salons, arcades, movie theatres and restaurants.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Due diligence, Coronavirus, Ontario Superior Court of Justice, British Columbia Supreme Court
    Authors:
    Linc Rogers , Caitlin McIntyre
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP
    Court of Queen’s Bench of Alberta concurrently approves sales process and transaction proposed by stalking horse bidder
    2022-04-04

    Introduction

    On March 30, 2022, in the context of receivership proceedings of Balanced Energy Oilfield Services Inc., Balanced Energy Oilfield Services (USA) Inc. and Balanced Energy Holdings Inc. (collectively, the Debtors), the Court of Queen’s Bench of Alberta (the Court) issued an order, among other things

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP
    Authors:
    Randal Van de Mosselaer , Emily Paplawski , Ilia Kravtsov
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Court of Queen’s Bench of Alberta concurrently approves sales process and transaction proposed by stalking horse bidder
    2022-04-04

    Introduction

    On March 30, 2022, in the context of receivership proceedings of Balanced Energy Oilfield Services Inc., Balanced Energy Oilfield Services (USA) Inc. and Balanced Energy Holdings Inc. (collectively, the Debtors), the Court of Queen’s Bench of Alberta (the Court) issued an order, among other things

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP
    Authors:
    Randal Van de Mosselaer , Emily Paplawski , Ilia Kravtsov
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    OCA addresses fraudulent transfers under Bankruptcy and Insolvency Act
    2022-04-05

    The recent decision inErnst & Young Inc. v. Aquino, the Ontario Court of Appeal (OCA) analyzed the criteria for establishing voidable transfers at undervalue under section 96 of theBankruptcy and Insolvency Act RSC 1985, c B-3 (BIA), with a particular focus on the application of “corporate attribution” in the context of insolvency.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Court of Appeal for Ontario
    Authors:
    Josef G. A. Kruger , Jack Maslen , Anthony Mersich
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    La Cour d’appel du Québec clarifie l’application d’une suspension des procédures dans le contexte de la contestation d’un avis de cotisation par un failli
    2022-03-31

    Introduction

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Fasken
    Authors:
    Nicolas Mancini , Marc-André Morin
    Location:
    Canada
    Firm:
    Fasken

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