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
    Ontario Superior Court Lifts Stay to Allow Foreign Litigation to Proceed
    2018-02-28

    Urbancorp Inc., a large real estate development company involved in various projects in the Greater Toronto Area, became subject to proceedings under the Companies' Creditors Arrangement Act (the "CCAA") in April of 2016. Alan Saskin, Urbancorp's President and primary shareholder, filed a Notice of Intention to Make a Proposal (the "NOI") in his personal capacity under the Bankruptcy and Insolvency Act (the "BIA") shortly thereafter.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Companies' Creditors Arrangement Act 1933 (Canada), Ontario Superior Court of Justice
    Authors:
    Andrew Paterson
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Ontario Court of Appeal Holds Contempt Motion Can Be Subject to Stay in Bankruptcy
    2016-08-29

    In Walchuk v. Houghton, the Ontario Court of Appeal held that the stay of all proceedings against a bankrupt pursuant to the Bankruptcy and Insolvency Act applies to a contempt motion brought by a judgment credi​tor where the contempt arises after the bankruptcy.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Debtor, Contempt of court, Capital punishment, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario, Court of Appeal of Singapore
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    The oppression remedy and fulfilment of directors’ duties
    2014-02-04

    In Susi v. Bourke, 2014 O.J. No. 11

    A Summary

    In Susi v. Bourke, [2014] OJ No 11, the Ontario Superior Court of Justice held that when all of the directors of a corporation fail to comply with their fiduciary duties, none of them can seek a remedy for oppression.

    Filed under:
    Canada, Ontario, Company & Commercial, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Conflict of interest, Bankruptcy, Fiduciary
    Authors:
    Laura Paglia
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    The Ontario Court of Appeal’s decision in re Indalex Limited – enhanced pension deemed trusts, enhanced priority and breach of fiduciary duty in liquidating CCAAs
    2011-04-13

    On April 7, 2011, in the context of a liquidating CCAA that achieved a going concern sale of the debtor’s business, the Ontario Court of Appeal held that:

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Debtor, Collateral (finance), Fiduciary, Beneficiary, Liquidation, Balance sheet, Defined benefit pension plan, Constructive trust, Companies' Creditors Arrangement Act 1933 (Canada), United Steelworkers, Supreme Court of Canada, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Secured claims in proposal proceedings
    2008-08-11

    In the recent decision of Re WorkGroup Designs Inc.,1 the Ontario Court of Appeal considered the provisions of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the "BIA") which relate to valuing and determining the claims of secured creditors in proposal proceedings under the BIA.

    Background

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Unsecured debt, Statutory interpretation, Liquidation, Secured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Royal Bank of Canada, Canada Revenue Agency, Court of Appeal for Ontario, Ontario Superior Court of Justice, Court of Appeal of Singapore, Trustee
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    New liability management framework for oil and gas in Alberta
    2022-06-07

    Overview

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Mediation, Alberta Energy Regulator
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Tenant bankruptcies in the COVID-19 era: Security deposits, prepaid rent and distress rights
    2020-09-15

    This is the first part of a two-part series

    Commercial tenant bankruptcies and COVID-19

    Filed under:
    Canada, Insolvency & Restructuring, Real Estate, Borden Ladner Gervais LLP, Coronavirus, Commercial tenant
    Authors:
    Marta O. Lewycky
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Ignorance May Not be Bliss, but it can be Beneficial: Evidence of the Conduct of a Judgment Creditor Can be used in Certain Circumstances to Engage Section 178(1)(d) of the Bankruptcy and Insolvency Act and Protect a Judgment from an Order of Discharge
    2019-03-21

    The Defendant was a dentist who had executed a personal guarantee on July 7, 2011 in favour of the Plaintiff (the "Bank") in order to secure payment of the indebtedness of the Defendant's professional corporation. The Bank made a demand for payment on the guarantee, and subsequently brought an action against the Defendant (the "First Action").The Bank was successful on a motion for summary judgment and judgment was granted against the Defendant.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Scott Pollock
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Court of Appeal denies application for stay of enforcement in Redwater decision
    2017-09-01

    ​BACKGROUND

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of Alberta
    Authors:
    Miles Pittman
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Alberta Court of Appeal Grants Intervener Status to Four Participants in Appeal of Re Redwater Energy Corp.
    2016-08-18

    The much-debated and closely-monitored Re Redwater Energy Corp.

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Natural gas, Common law, Alberta Energy Regulator, Court of Appeal of England & Wales, Supreme Court of Canada, Court of Appeal of Alberta
    Authors:
    Matti Lemmens
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 236
    • Page 237
    • Page 238
    • Page 239
    • Current page 240
    • Page 241
    • Page 242
    • Page 243
    • Page 244
    • …
    • 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