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    Broer v. Multiguide GmbH—Is the Subsequent Conduct of the Parties More Relevant Than You Think in the Context of Shareholder Loans and Disputes?
    2023-10-18

    It has long been established that where the circumstances in which funds are advanced by a shareholder to the company in which they own shares is unclear, the court must consider the "surrounding circumstances" when determining how to characterize the advance. Historically, "surrounding circumstances" were understood to be the circumstances extant at the time the transaction was effected: (e.g., Ghassemvand v. Premium Weatherstripping Inc., 2017 BCCA 309 [Ghassemvand]).

    Filed under:
    Canada, British Columbia, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Bennett Jones LLP, British Columbia Supreme Court, British Columbia Court of Appeal
    Authors:
    David E. Gruber , Geordie Macdonald , Jackson Spencer
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Insolvency Now - Business Insolvency on the Rise in Canada: Understanding the Role of AI- Issue 9
    2023-10-12

    ntroduction The priority of governments and financial authorities around the world in 2023, including in Canada, has been to reduce inflation while monitoring and addressing financial sector risks. The Bank of Canada estimates that inflation will likely remain near 3% through 2024, given strong household spending levels supported by tight labour markets, population growth and high levels of accumulated household savings.

    Filed under:
    Canada, Insolvency & Restructuring, IT & Data Protection, Davies Ward Phillips & Vineberg LLP, Mediation, Artificial intelligence, Digital transformation, Machine learning, Insolvency, ChatGPT, Generative AI, Google, Office of the Superintendent of Financial Institutions (Canada), FTX, Silicon Valley Bank
    Location:
    Canada
    Firm:
    Davies Ward Phillips & Vineberg LLP
    Attacking fraudulent conveyances: What is the time limit?
    2023-10-10

    In Bank of Montreal v. Iskenderov, 2023 ONCA 528, the Ontario Court of Appeal held that actions to set aside a conveyance under section 2 of the Fraudulent Conveyances Act are subject to the basic two-year limitation period under the Limitations Act, 2002 – not the ten-year period prescribed by section 4 of the Real Property Limitations Act.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Bank of Montreal Financial Group, Bankruptcy and Insolvency Act 1985 (Canada), Limitations Act 2002 (Canada), Court of Appeal for Ontario
    Authors:
    Fraser Mackinnon Blair
    Location:
    Canada
    Firm:
    Dentons
    SCOTUS Denies Relief for Sacklers’ OxyContin Pains
    2024-07-08

    On June 27, 2024, the Supreme Court of the United States (“SCOTUS” or the “Court”) released its widely-anticipated decision in Harrington, United States Trustee, Region 2 v. Purdue Pharma L.P.

    Filed under:
    Canada, USA, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Supreme Court of the United States, United States bankruptcy court
    Authors:
    James D. Gage , Heather L. Meredith , Nathan Stewart
    Location:
    Canada, USA
    Firm:
    McCarthy Tétrault LLP
    Cross-Border Implications of the U.S. Supreme Court’s Decision in Harrington v. Purdue Pharma L.P.
    2024-07-08

    On June 27, 2024, the Supreme Court of the United States released its highly anticipated decision in William K. Harrington, United States Trustee, Region 2, Petitioner v. Purdue Pharma L.P. et al. (Purdue). At issue was whether the U.S. bankruptcy court had jurisdiction to confirm a plan that provided for releases in favour of non-debtor parties, including parties providing a significant monetary contribution in support of the plan itself.

    Filed under:
    Canada, USA, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Supreme Court of the United States
    Authors:
    Caitlin McIntyre , Jake Harris
    Location:
    Canada, USA
    Firm:
    Blake, Cassels & Graydon LLP
    A roadmap to litigation and debt collection in Ontario
    2024-07-12

    Welcome to our guide on navigating legal procedures in Ontario. Whether you're a local business or a foreign entity operating in the province, understanding the legal landscape is essential for protecting your interests.

    The complexities of litigation and debt collection can be daunting, but with the right insights and preparation, you can confidently manage these challenges. Let's explore the essentials.

    Understanding the basics

    Filed under:
    Canada, Ontario, Company & Commercial, Insolvency & Restructuring, Litigation, Gowling WLG, Insolvency, Ontario Superior Court of Justice
    Authors:
    Louis A. Frapporti , Kevin Kolumbus
    Location:
    Canada
    Firm:
    Gowling WLG
    Court of Appeal for British Columbia delivers landmark decision addressing reverse vesting orders in receiverships
    2024-07-11

    In a groundbreaking ruling, the Court of Appeal for British Columbia recently delivered a decision that is poised to significantly influence insolvency proceedings. The case, cited as British Columbia v. Peakhill Capital Inc., 2024 BCCA 246, marks the first time an appellate court has addressed the jurisdiction and appropriateness of reverse vesting orders (RVOs) in receivership contexts. This ruling provides crucial insights into the court's reasoning and its implications for legal and non-legal professionals alike.

    Background and core issue

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, British Columbia Court of Appeal
    Authors:
    Jordan Schultz
    Location:
    Canada
    Firm:
    Dentons
    Impact transfrontalier de la décision de la Cour suprême des États-Unis dans l’affaire Harrington v. Purdue Pharma L.P.
    2024-07-16

    Le 27 juin 2024, la Cour suprême des États-Unis a publié une décision très attendue qu’elle a rendue dans l’affaire William K. Harrington, United States Trustee, Region 2, Petitioner v. Purdue Pharma L.P. et al. (l’« affaire Purdue »).

    Filed under:
    Canada, USA, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP
    Authors:
    Caitlin McIntyre , Jake Harris
    Location:
    Canada, USA
    Firm:
    Blake, Cassels & Graydon LLP
    Is this the Peak for Reverse Vesting Orders?: BC Court of Appeal Confirms Jurisdiction to Grant RVOs in Receiverships
    2024-07-23

    The BC Court of Appeal has confirmed the jurisdiction for Canadian courts to make reverse vesting orders (“RVO”) in receivership proceedings. British Columbia v.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, Fasken, Insolvency, British Columbia Court of Appeal
    Authors:
    Lisa Hiebert , Jessica Cameron
    Location:
    Canada
    Firm:
    Fasken
    Court of Appeal of Alberta to Reconsider Whether Gross Overriding Royalties Run With The Land
    2024-07-24

    A recent chambers decision holding that gross overriding royalties (“GOR”) can be vested off in a reverse vesting order (“RVO”) is on its way up to the Court of Appeal of Alberta (the “ABCA”). The ABCA has granted leave to appeal Invico Diversified Income Limited Partnership v NewGrange Energy Inc, 2024 ABKB 214 (“Invico”).

    The Chambers Decision

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McMillan LLP, Court of Appeal of Alberta
    Authors:
    Michael D. Briggs , Sean Ralph , Adam C. Maerov , Spencer Klug
    Location:
    Canada
    Firm:
    McMillan LLP

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