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    Affaire Wabush : aucune priorité pour les réclamations des régimes de retraite
    2017-09-15

    On September 11, 2017, the Quebec Superior Court released a decision in the Wabush Companies’ Creditors Arrangement Act (CCAA) proceedings that may affect how pension plan liabilities are dealt with in insolvency proceedings in Quebec and the rest of Canada. The Court made four significant findings, each of which is discussed in detail below:

    Filed under:
    Canada, Quebec, Employee Benefits & Pensions, Insolvency & Restructuring, Stikeman Elliott LLP, Quebec Superior Court
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    No Priority for Pension Claims in Wabush CCAA
    2017-09-15

    On September 11, 2017, the Quebec Superior Court released a decision in the Wabush Companies’ Creditors Arrangement Act (CCAA) proceedings that may affect how pension plan liabilities are dealt with in insolvency proceedings in Quebec and the rest of Canada. The Court made four significant findings, each of which is discussed in detail below:

    Filed under:
    Canada, Quebec, Insolvency & Restructuring, Litigation, Stikeman Elliott LLP, Bankruptcy and Insolvency Act 1985 (Canada), Quebec Superior Court
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    CRA says section 143.4 can effectively trump section 80 in debt restructuring.
    2017-09-25

    In 2016-0628741I7, CRA headquarters was asked by a CRA tax services office whether s. 143.4 would apply in respect of a debt-restructuring plan (the Plan) at a point in time before the unpaid interest owing by the taxpayer was actually settled (forgiven) under the Plan steps.  CRA headquarters answered yes.  The takeaway: this view can potentially result in income in the course of debt restructuring before the debt is actually settled.  Here are the main points:

    Filed under:
    Canada, Insolvency & Restructuring, Tax, Thorsteinssons LLP, Debt restructuring
    Authors:
    Ian J. Gamble
    Location:
    Canada
    Firm:
    Thorsteinssons LLP
    Priority of Operator's and Possessory Liens and the Need to Register or Prove Your Lien
    2017-09-25

    The Alberta Court of Queen's Bench recently reviewed the law regarding priority of operator’s liens and emphasized the heavy evidentiary burden to be satisfied by a creditor asserting a possessory lien in Cansearch Resources Ltd v Regent Resources Ltd, 2017 ABQB 535.

    Cansearch’s Operator’s Lien and the Bank’s Security

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Bennett Jones LLP, Personal Property Security Act 1990 (Canada)
    Authors:
    Justin R. Lambert
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Alberta Court of Queen’s Bench Reiterates Court’s Discretion to Grant an Interim Financing Charge “Super-Priority” Status in the Face of a Deemed Trust Under the Income Tax Act
    2017-09-27

    This blog’s most recent post considered the Supreme Court of Nova Scotia’s June 2017 decision of Rosedale Farms Limited, Hassett Holdings Inc., Resurgam Resources (Re) (“Rosedale”) where the Cou

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Secured creditor, Canada Revenue Agency, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Walker W. MacLeod , Audrey Bouffard-Nesbitt
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Appearances Can Be Deceiving: A Re-Characterization of a Secured Creditor’s Debt Claim as an Equity Contribution
    2017-09-28

    In a recent decision[1], the British Columbia Supreme Court (the “Court”) determined that purported secured loans made by a shareholder were properly characterized as equity contributions to the subject company and therefore subordinate to the claims of the company’s creditors.

    Filed under:
    Canada, British Columbia, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Secured creditor, British Columbia Supreme Court
    Authors:
    Warren Beil
    Location:
    Canada
    Firm:
    Gowling WLG
    Blaneys Ontario Court of Appeal Summaries
    2017-09-29

    Good evening.

    Below are the summaries of this week’s civil decisions of the Court of Appeal for Ontario.

    Filed under:
    Canada, Ontario, Company & Commercial, Family, Insolvency & Restructuring, Intellectual Property, Legal Practice, Litigation, Real Estate, Blaney McMurtry LLP, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Supreme Court of Canada Bulletin - October 5, 2017
    2017-10-05

    APPLICATIONS FOR LEAVE TO APPEAL DISMISSED

    37656

    Norris Barens v. Her Majesty the Queen (B.C.)

    Canadian Charter of Rights and Freedoms – Constitutional law – Mobility rights

    The applicant was convicted of driving without a licence contrary to s. 24(1) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318.

    Filed under:
    Canada, Crime, Insolvency & Restructuring, Litigation, Gowling WLG, Canadian Charter of Rights and Freedoms, Supreme Court of Canada, British Columbia Supreme Court
    Location:
    Canada
    Firm:
    Gowling WLG
    Wind-Up Unwound: For the First Time, the BC Supreme Court Rejects an Application to Wind-Up a Strata Corporation under Bill 40
    2017-10-06

    The Owners, Strata Plan VR 1966[1] marks the first time the BC Supreme Court has rejected an application to wind-up a strata corporation pursuant to Bill 40 under the Strata Property Act

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, Real Estate, McMillan LLP, Liquidation, British Columbia Supreme Court
    Authors:
    Damon Chisholm
    Location:
    Canada
    Firm:
    McMillan LLP
    Blaneys Ontario Court of Appeal Summaries
    2017-10-08

    Good evening.

    Below are the summaries of this week’s civil decisions of the Court of Appeal for Ontario.

    Filed under:
    Canada, Ontario, Banking, Company & Commercial, Family, Insolvency & Restructuring, Insurance, Litigation, Public, Real Estate, White Collar Crime, Blaney McMurtry LLP, Conflict of interest, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP

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