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    Canadian Insolvency Legislation Amended to Better Protect Pensioners and Employees
    2017-12-01

    A private member's bill, Bill C-372, was introduced on 17 October 2017 with proposed amendments to the Bankruptcy and Insolvency Act and the Companies Creditors’ Arrangement Act. The Bill seeks to protect retired workers whose pensions and group insurance plans are at risk if their previous employer goes bankrupt or undergoes restructuring. The Bill would provide for priority status for claims in respect of underfunded pension plans, as well as claims arising as a result of an employer terminating its participation in a group insurance plan.

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Alan Bennett
    Location:
    Canada
    Firm:
    Ashfords LLP
    Cross Border Restructuring and Insolvency Update - September 2016
    2016-09-30

    The Collapse Of Coal

    Supreme Court of Gibraltar recognises United States Chapter 11 bankruptcy proceedings as a foreign main proceeding.

    Canadian insolvency proceedings of Pacific Exploration & Production Corporation recognised as main proceedings by Colombia and US Bankruptcy Court

    Filed under:
    Canada, China, United Arab Emirates, USA, Massachusetts, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Alan Bennett
    Location:
    Canada, China, United Arab Emirates, USA
    Firm:
    Ashfords LLP
    Euroresource—deals and debt - January 2015
    2015-01-30

    For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments.

    Recent Developments

    Filed under:
    Argentina, Canada, European Union, Global, Luxembourg, United Kingdom, USA, Banking, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Corinne Ball , Veerle Roovers
    Location:
    Argentina, Canada, European Union, Global, Luxembourg, United Kingdom, USA
    Firm:
    Jones Day
    Southern District of New York Dismisses Securities Law Claims on Grounds of International Comity; No Chapter 15 Proceeding Required
    2019-03-25

    The Bottom Line

    Filed under:
    Canada, USA, New York, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Companies' Creditors Arrangement Act 1933 (Canada), US District Court for SDNY
    Authors:
    Kelly E. Porcelli
    Location:
    Canada, USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    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 LLP
    Location:
    Canada, Global, USA
    Firm:
    Freshfields Bruckhaus Deringer LLP
    What's new with strata wind-ups?
    2021-06-07

    A strata wind-up is an excellent way to realize the economic potential of a multi-unit residential property (the "strata") by leveraging the value of each unit in the strata as a whole to a developer that may want to re-develop on the strata's property. This article summarizes the onset and development of this emerging sector in light of recent case law and current events.

    Introduction to strata wind-ups

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Real Estate, Gowling WLG, Coronavirus
    Location:
    Canada
    Firm:
    Gowling WLG
    Third time's a charm for Alberta regulator: How the SCC decision in Redwater could change the role of environmental orders in Ontario insolvency proceedings
    2019-03-05

    1. Introduction

    Filed under:
    Canada, Alberta, Environment & Climate Change, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal of Alberta
    Authors:
    Haddon Murray
    Location:
    Canada
    Firm:
    Gowling WLG
    Jumping the line: A solicitor’s charging order takes priority over a registered Ontario PPSA security interest
    2017-12-18

    Registering a financing statement under the Ontario PPSA[1] to perfect a security interest is a key means of protecting a secured creditor’s priority over collateral. It is important for secured creditors to be cognizant however that there are situations where other claims that are not subject to traditional registration requirements may still trump a secured creditor’s registered security interest.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Gowling WLG, Secured creditor
    Location:
    Canada
    Firm:
    Gowling WLG
    Applications for leave to appeal dismissed - 13 October 2016
    2016-10-13

    37026  Steven Paul Boone v. Her Majesty the Queen

    (Ont.)

    Criminal law – Offences – Elements of offence

    Filed under:
    Canada, Ontario, Quebec, Crime, Employment & Labor, Family, Insolvency & Restructuring, Litigation, Professional Negligence, Public, Gowling WLG
    Authors:
    Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Graham S. Ragan , Brian A. Crane, Q.C.
    Location:
    Canada
    Firm:
    Gowling WLG
    Beware of the constructive trust
    2015-03-24

    The existence of trusts that may be connected to a borrower’s assets can be a lending hazard. They do not appear on PPSA search print-outs and, in many cases, they are not shown on a borrower’s financial statements and cannot be searched through traditional due diligence methods.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Gowling WLG, Debtor, Unjust enrichment, Unsecured creditor, Constructive trust
    Location:
    Canada
    Firm:
    Gowling WLG

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