Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Court appoints equitable receiver in the absence of security
    2008-07-31

    In Warren v. Warren the British Columbia Supreme Court recently appointed an equitable receiver over the assets of a judgment to debtor, notwithstanding that the Plaintiff did not have any security.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Legal personality, Shareholder, Debtor, Debt, Subpoena, Line of credit, Capital punishment, SCOTUS, British Columbia Supreme Court, Court of equity
    Location:
    Canada
    Firm:
    Dentons
    The Open for Business Act: Bill 68 – An act to promote Ontario as open for business by amending or repealing certain acts - enacted as: Chapter 16 of the Statutes of Ontario, 2010
    2011-05-19

    Bill 68 – An Act to promote Ontario as open for business by amending or repealing
    certain Acts (the “Open for Business Act”)1 received Royal Assent on October 25,
    2010. It is an omnibus Act which contains more than 100 amendments to existing
    legislation spread out across 10 ministries.

    Filed under:
    Canada, Ontario, Banking, Company & Commercial, Construction, Environment & Climate Change, Insolvency & Restructuring, Real Estate, Dentons, Constitutional amendment
    Location:
    Canada
    Firm:
    Dentons
    Late bids in a receivership sales process
    2010-03-31

    In Bank of Montreal v River Rentals Group Ltd [2010] ABCA 16, the Alberta Court of Appeal had to consider the acceptance of a higher bid made after the tender closing date.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Dentons, Debtor, Margin (finance), Royal Bank of Canada, Court of Appeal for Ontario, Court of Appeal of Alberta
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    Broad interpretation of “wages” under WEPPA
    2009-06-30

    The decision of the British Columbia Superior Court in Re Ted Leroy Trucking Ltd. was a result of an application for directions with respect to what amounts are properly covered by the Wage Earner Protection Program Act, S.C. 2005, c. 47 (the “WEPPA”), and the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the “BIA”).

    Filed under:
    Canada, British Columbia, Employment & Labor, Insolvency & Restructuring, Litigation, Dentons, Wage, Bankruptcy, Liability (financial accounting), Severance package, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    Does an execution creditor have priority over unsecured creditors in an insolvency?
    2009-02-18

    An Ontario Court recently confirmed that an execution creditor does not have priority over the unsecured creditors of a debtor upon the insolvency of the debtor even if the judgment creditor is then holding funds of the debtor which it has garnisheed.

    In February 2008, the Superior Court of Justice – Ontario granted Cotton Ginny Inc., CG Operations Limited ("H/O"), CG Operations I Limited and CG Operations II Limited, protection under the Companies’ Creditors Arrangement Act.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Debtor, Unsecured debt, Capital punishment, Preferred stock, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Dentons
    Examining a bankrupt … again
    2008-07-31

    In Mendlowitz & Associates Inc. v. Chiang, an Order was granted in 2006 compelling the bankrupt and others to attend for an examination by the trustee under section 163(1) of the Bankruptcy and Insolvency Act (Canada). In 2008, the trustee applied under the same section to examine the bankrupt and others again.

    Section 163(1) of the BIA provides:

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Costs in English law, Bankruptcy and Insolvency Act 1985 (Canada), United States bankruptcy court, Trustee
    Location:
    Canada
    Firm:
    Dentons
    Rights of set-off in insolvency
    2011-05-18

    When a company winds up, begins restructuring proceedings or goes bankrupt, a debtor or creditor may be able to cancel out the amount payable to the other party by using the remedy of “set‐off”. Set‐off involves the cancelling of crossliabilities between two parties who owe each other money. It is a valuable tool that can increase a creditor’s percentage of recovery and decrease the debt burden of a debtor.

    Types of Set‐off: Contractual, Legal or Equitable

    Filed under:
    Canada, Insolvency & Restructuring, Dentons, Bankruptcy, Debtor, Consideration, Debt, Common law
    Authors:
    Jarvis Hetu
    Location:
    Canada
    Firm:
    Dentons
    Court compels examination under BIA notwithstanding self-incrimination objection
    2010-03-31

    In Rieger Printing Ink Co, 2009 WL 477541 (Ont S.C.J. [Commercial]), the Ontario Superior Court of Justice dealt with a party's right to protection against selfincrimination in relation to an examination held under section 163 of the Bankruptcy and Insolvency Act, R.S.C., 1985 c. B-3 ("BIA").

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Discovery, Legal burden of proof, Bankruptcy and Insolvency Act 1985 (Canada), Canadian Charter of Rights and Freedoms, Supreme Court of Canada, Ontario Superior Court of Justice, Trustee, Chief financial officer
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    The monitor’s power to revise claims after a claims bar date
    2009-06-30

    In Re ScoZinc Ltd., 2009 NSSC 136 the monitor appointed under the Companies’ Creditors Arrangement Act (“CCAA”) brought a motion for directions on whether it had the authority to allow the revision of a claim after the claim’s bar date, but before the date set for the monitor to complete its assessment of claims.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Debtor, Unsecured debt, Debt, Stakeholder (corporate), Prejudice, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of Alberta, Trustee
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    Application in Canada of the U.S. doctrine of equitable subordination
    2009-02-18

    The U.S. doctrine of equitable subordination (as now set out in the U.S. Bankruptcy Code) allows a U.S. court to subordinate all or part of a creditor's claim to the claims of other creditors if the creditor has engaged in inequitable conduct that gives the creditor an unfair advantage or is injurious to the other creditors. Will the Canadian courts apply the doctrine?

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Secured creditor, Title 11 of the US Code, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Dentons

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 225
    • Page 226
    • Page 227
    • Page 228
    • Current page 229
    • Page 230
    • Page 231
    • Page 232
    • Page 233
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days