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    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, Tangible property, Bankruptcy and Insolvency Act 1985 (Canada), Personal Property Security Act 1990 (Canada), Royal Bank of Canada, Supreme Court of Canada
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Alberta Court of Appeal vindicates trustee in the latest Perpetual Energy decision
    2021-02-10

    In the recent decision in PricewaterhouseCoopers Inc. v Perpetual Energy Inc., 2021 ABCA 16 (Perpetual Energy), the Alberta Court of Appeal has reversed the Honourable Justice D.B. Nixon’s decision, striking out or summarily dismissing claims by PricewaterhouseCoopers Inc. in its capacity as trustee in bankruptcy (the Trustee) of Sequoia Resources Corp. (Perpetual/Sequoia).

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Court of Appeal of Alberta
    Authors:
    Josef G. A. Kruger , Jessica Cameron , Jack Maslen
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    "Appropriate Means" in the Discoverability Analysis: Timing is Everything
    2019-09-17

    On August 30, 2019, the Ontario Superior Court of Justice handed down its decision in Doyle Salewski Inc. v Scott 2019 ONSC 5108.

    Although this lengthy decision covers many topics, one of interest relates to the "appropriate means" part of the discoverability analysis when a Trustee in Bankruptcy brings a claim for unjust enrichment.

    Background

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Supreme Court of Canada to Rule on CRA Superpriorities
    2018-04-06

    ​Canada v Callidus Capital Corporation

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Borden Ladner Gervais LLP, Canada Revenue Agency, Supreme Court of Canada
    Authors:
    Laurie Goldbach
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    IP Licence Provided Contractual Right, Not a Property Right in the Asset
    2016-10-12

    Golden Opportunities Fund Inc v Phenomenome Discoveries Inc, 2016 SKQB 306

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, Litigation, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Adrian J. Howard , Beverley Moore
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    The effect of on-going insolvency and restructuring proceedings on landowner claims for compensation before the Alberta Surface Rights Board
    2014-07-02

    ​The doctrine of federal paramountcy provides that where there is an inconsistency between validly enacted but overlapping provincial and federal legislation, the provincial legislation is inoperative to the extent of the inconsistency and the remainder of the provincial legislation is unaffected.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Real Estate, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Andrew Pozzobon
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Taking a second look at lessors’ risk in airline insolvencies in Canada
    2011-05-27

    On April 6, 2011, the Ontario Superior Court of Justice released its decision in the priority disputes between the lessors and aviation authorities resulting from the Skyservice receivership. The Court, in interpreting and applying the decisions in Canada 3000 and Zoom Airlines, may have raised the bar for lessors to defeat the seizure and detention rights of the aviation authorities in Canada.

    Filed under:
    Canada, Ontario, Aviation, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Restructuring without a plan
    2008-10-20

    On 15 August 2008, the British Columbia Court of Appeal released its reasons for judgment in Cliffs Over Maple Bay Investments Ltd. v. Fisgard Capital Corp. (CA036261). Tysoe J.A., for the court, said that a CCAA stay of proceedings “should not be granted or continued if the debtor company does not intend to propose a compromise or arrangement to its creditors.” CCAA filings designed to permit a debtor company to carry on business and to run a sales process for the sale of all or a substantial portion of the debtor company’s business is relatively common.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Debtor, Mortgage loan, Standard of review, Stakeholder (corporate), Refinancing, Companies' Creditors Arrangement Act 1933 (Canada), Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Canadian energy oil and gas: Top 20 of 2020 - Judicial decisions
    2021-02-10

    Part 1

    Without question, the top story over the last year has been the COVID-19 pandemic and its tremendous ongoing effects felt across Canada and the world.

    This time has had a significant impact on Canada’s energy industry and many of the changes and developments that took place in 2020 will continue to influence trends, business decisions and the future growth of Canada’s energy industry in 2021.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Coronavirus
    Authors:
    Jessica Cameron , Jack Maslen , Tiffany Bennett
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Judgment Creditors Beware: The Impact of Limitation Periods on Section 38 BIA Claims
    2019-09-11

    On July 31, 2019, the Ontario Court of Appeal rendered its decision in Ridel v. Goldberg, clarifying the interplay of the various provisions of the Limitations Act, 2002 at play in circumstances where judgment creditors are allowed to take proceedings in their own name pursuant to an order under the Bankruptcy and Insolvency Act.

    The Facts

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Geneviève Fauteux , Christine Kucey
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP

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