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    Blaneys Ontario Court of Appeal Summaries
    2016-11-04

    Good afternoon,

    Here are this week’s Court of Appeal Summaries. Civil topics covered included MVA, SABs, family law, vexatious litigants, employment law, simplified procedure and another chapter in the Indian Residential Schools settlement.The RJM56 Investments Inc v Kurnik decision highlights the importance of litigators not treating the tax implications of a settlement as an afterthought and of obtaining tax advice before completing a settlement.

    Have a great weekend!

    John Polyzogopoulos

    Blaney McMurtry LLP

    Filed under:
    Canada, Ontario, Employment & Labor, Family, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, Public, Real Estate, Tax, Blaney McMurtry LLP
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Cross Border Restructuring and Insolvency Update - September 2016
    2016-09-30

    The Collapse Of Coal

    Supreme Court of Gibraltar recognises United States Chapter 11 bankruptcy proceedings as a foreign main proceeding.

    Canadian insolvency proceedings of Pacific Exploration & Production Corporation recognised as main proceedings by Colombia and US Bankruptcy Court

    Filed under:
    Canada, China, United Arab Emirates, USA, Massachusetts, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Alan Bennett
    Location:
    Canada, China, United Arab Emirates, USA
    Firm:
    Ashfords LLP
    Haynes and Boone, LLP Oilfield Services Bankruptcy Tracker September 30, 2016
    2016-09-30

    As a service to energy industry participants, the lawyers of the Oilfield Services and Bankruptcy Practices at Haynes and Boone, LLP have been tracking and reporting industry developments in oilfield service restructurings. Our research includes details on 100 bankruptcies filed since the beginning of 2015, including secured and unsecured debt totals for each case. The total amount of aggregate debt administered in oilfield services bankruptcy cases in 2015- 2016 is more than $14 billion and the average debt of these cases exceeds $144 million.

    Filed under:
    Canada, USA, Energy & Natural Resources, Insolvency & Restructuring, Haynes and Boone LLP, Bankruptcy, Unsecured debt
    Location:
    Canada, USA
    Firm:
    Haynes and Boone LLP
    Hanjin Shipping - Current jurisdictional status and options - Canada
    2016-10-04

    On 1 September 2016, the Korean Court issued orders commencing rehabilitation proceedings for Hanjin and staying proceedings against it and its assets (Korean Orders).

    The purpose of the Korean proceeding is to rehabilitate the insolvent debtor company, Hanjin, by restructuring its debts. The debts are restructured according to a rehabilitation plan approved by the creditors and the Korean Court. The aim is to protect Hanjin while it trades out of its debt.

    Filed under:
    Canada, South Korea, Insolvency & Restructuring, Litigation, Shipping & Transport, Clyde & Co LLP
    Authors:
    George Karayannides , Daniel Zacks
    Location:
    Canada, South Korea
    Firm:
    Clyde & Co 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, Health Canada, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Adrian J. Howard , Beverley Moore
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Applications for leave to appeal dismissed - 13 October 2016
    2016-10-13

    37026  Steven Paul Boone v. Her Majesty the Queen

    (Ont.)

    Criminal law – Offences – Elements of offence

    Filed under:
    Canada, Ontario, Quebec, Crime, Employment & Labor, Family, Insolvency & Restructuring, Litigation, Professional Negligence, Public, Gowling WLG
    Authors:
    Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Graham S. Ragan , Brian A. Crane, K.C.
    Location:
    Canada
    Firm:
    Gowling WLG
    Blaneys Ontario Court of Appeal Summaries
    2016-09-09

    Hello,

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Blaney McMurtry LLP, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    When Will a Court Lift a Statutory Stay to Permit A Class Action to Proceed?
    2016-09-12

    Both the Bankruptcy and Insolvency Act (“BIA”)[1] and the Companies’ Creditors Arrangement Act[2] stay actions and remedies as against debtors.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Debtor, Class action, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Kelli McAllister
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Landlords, Leases and Financial Distress
    2016-09-19

    Prepaid rent or a security deposit? The distinction is an important and potentially costly one for landlords in the current economic climate. In 2015, the Alberta Court of Appeal in York Realty Inc. v Alignvest Private Debt Ltd., 2015 ABCA 355 [Alignvest CA] upheld a decision of the Court of Queen’s Bench (Alignvest Private Debt Ltd.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Real Estate, Bennett Jones LLP, Bankruptcy, Personal Property Security Act 1990 (Canada), Court of Appeal of Alberta
    Authors:
    Denise D. Bright
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Court of Appeal Closes Door on U.S. Doctrine for Re-Ranking Creditors
    2016-09-22

    The Ontario Court of Appeal (OCA) has closed the door on the application of equitable subordination in Companies’ Creditors Arrangement Act (CCAA) proceedings. In U.S. Steel Canada Inc.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Companies' Creditors Arrangement Act 1933 (Canada), Court of Appeal for Ontario
    Authors:
    Michael Barrack , Jeff W. Galway
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP

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