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    Bankrupt Tenants and Landlords' Rights to Draw Upon a Letter of Credit Obtained as Security
    2019-11-29

    ​When a commercial tenant goes bankrupt, the respective rights of landlords and trustees can be complex to sort out. Yet, as illustrated by recent Ontario Superior Court decision 7636156 Canada Inc. v. OMERS Realty Corporation, 2019 ONSC 6106, this determination can have important ramifications on the assets available for distribution to creditors.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Real Estate, Borden Ladner Gervais LLP
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Supreme Court of Canada Callidus Decision Provides Certainty to CRA Deemed Trust Rules
    2018-11-26

    On November 8, 2018, in a decision delivered unanimously from the bench, the Supreme Court of Canada confirmed that the Crown’s superpriority over unremitted Goods and Services Tax/Harmonized Sales Tax (GST/HST) is ineffective against a secured creditor who received, prior to a tax debtor’s bankruptcy, proceeds from that taxpayer’s assets.1

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Borden Ladner Gervais LLP, Bankruptcy, Debtor, Dissenting opinion, Secured creditor, Goods and services tax (Canada), Unsecured creditor, Supreme Court of Canada, Federal Court of Appeal (Canada)
    Authors:
    Lisa Hiebert , Robyn Gurofsky , Braek Urquhart
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    The New FCPA — Changes to Ontario's Corporate Record-Keeping Requirements and Corporate Forfeiture Regime
    2016-12-20

    On December 10, 2016, the Forfeited Corporate Property Act, 2015 ("FCPA") came into force in Ontario. The FCPA has the effect of amending the Ontario Business Corporations Act ("OBCA") and the Corporations Act. There are also similar amendments made to the Ontario Not-for-Profit Corporations Act ("ONPCA"), but they have not yet come into force. The legislation effects changes to forfeiture of corporate real estate and corporate record-keeping requirements.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Borden Ladner Gervais LLP, Asset forfeiture
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Builders’ Lien Act trust survives challenge
    2015-07-20

    ​Iona Contractors Ltd. v. Guarantee Company of North America

    The Alberta Court of Appeal released its much anticipated decision addressing the interaction between the trust provisions of the Builders’ Lien Act (“BLA”) and the Bankruptcy and Insolvency Act (“BIA”) in Iona Contractors Ltd. v Guarantee Company of North America, 2015 ABCA 240 on July 16, 2015.

    Filed under:
    Canada, Alberta, Construction, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, General contractor, Court of Appeal of Alberta
    Authors:
    James W. Maclellan
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Dealing with Indalex
    2012-02-23

    In January and February of 2012, Justice Morawetz of the Ontario Superior Court of Justice (Commercial List) released two decisions1 in which he authorized a debtor-in-possession (“DIP”) financing charge, an administration charge, and a directors and officers (“D&O”) charge ranking ahead of, among other claims, possible pension deemed trusts over the objection of the debtor companies’ unions and on notice to the members of the companies’ pension administration committees.

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Debtor, Supreme Court of Canada
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    An exercise in cross border cooperation: Gandi Innovations Limited, Gandi Innovations Holdings LLC and Gandi Innovations LLC
    2009-07-15

    On May 8, 2009, the Honourable Madam Justice Hoy of the Ontario Superior Court of Justice (Commercial List) granted an Initial Order under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C36, as amended (the “CCAA”) in respect of Gandi Innovations Limited (“Gandi Canada”), Gandi Innovations Holdings LLC (“Gandi Holdings”) and Gandi Innovations LLC (“Gandi Texas”) (collectively, the “Gandi Group”).

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Debtor, Retirement, Title 11 of the US Code, Bankruptcy and Insolvency Act 1985 (Canada), United States bankruptcy court
    Authors:
    Roger Jaipargas
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Bankrupt company obtains protection under the CCAA
    2021-05-20

    On March 30, 2021, the Supreme Court of British Columbia (the Court) made an initial order under the Companies Creditors Arrangement Act (the CCAA) in respect of EncoreFX Inc. (EncoreFX) one year after the commencement of its bankruptcy proceedings. The decision is unusual in that the applicant for the CCAA initial order was EncoreFX’s trustee in bankruptcy (the Trustee), who also sought to be appointed as monitor of EncoreFX (with enhanced powers). On April 22, 2021, the Court released the reasons for its decision.1

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Coronavirus, Companies' Creditors Arrangement Act 1933 (Canada), British Columbia Supreme Court
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Expanding Protection of IP Licensees: Changes to the BIA and CCAA via the Budget Implementation Act, 2018, No. 2
    2019-11-18

    ​On November 1, 2019, amendments to the Bankruptcy and Insolvency Act,R.S.C. 1985, c. B-3 (BIA) and the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36 (CCAA) came into force. Among other changes described in our previous publication, these amendments expand the protection offered to intellectual property (IP) licensees in the event that the licensor enters insolvency.

    Filed under:
    Canada, Copyrights, Designs and trade secrets, Insolvency & Restructuring, Patents, Trademarks, Borden Ladner Gervais LLP, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Lisa Hiebert
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Tipping the Scales: Ontario Court of Appeal Confirms the Primacy of Creditors’ Interests when Approving a Receiver’s Sale of Property
    2018-11-02

    One of the most delicate balancing acts that the Courts are asked to perform in Canada is balancing all of the disparate and competing interests in an insolvency process. The Ontario Court of Appeal was asked to review one iteration of this balancing act in Reciprocal Opportunities Incorporated v.

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Litigation, Real Estate, Borden Ladner Gervais LLP, Royal Bank of Canada, Court of Appeal for Ontario
    Authors:
    Scott Pollock
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Chambre de la sécurité financière v. Thibault 2016 QCCA 1691
    2016-12-14

    Does a fine imposed on a debtor by the disciplinary committee of the Chambre de la sécurité financière after the date of the debtor's bankruptcy constitute a provable claim pursuant to section 121(1) of the Bankruptcy and Insolvency Act (the "BIA")?

    Introduction

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Bankruptcy discharge, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Kevin Mailloux , Roger Jaipargas
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP

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