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
    From Deadlock to Liquidation - A Cautionary Tale
    2022-06-06

    Petersen v.

    Filed under:
    Canada, British Columbia, Company & Commercial, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, British Columbia Court of Appeal
    Authors:
    Jordanna Cytrynbaum
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    Void ab initio: the dangers of insufficient disclosure
    2014-12-22

    While it is common practice in Canada to seek certain emergency orders on an ex parte basis (i.e. where only one party (and not the adversary) appears before a judge), applicants for such orders are held to a high standard of candour with the court.

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Ex parte
    Authors:
    Natalie E. Levine , Monique Sassi
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    Constructive trust 1 vs. secured creditor 0
    2014-12-22

    Many secured creditors see their position in absolute terms. They rely on their general security and aggressively assert their priority over unsecured creditors, such as trade creditors. However, a recent decision of the Ontario Court of Appeal(306440 Ontario Ltd. v. 782127 Ontario Ltd. (Alrange Container Services), 2014 ONCA 548) demonstrates that creative arguments by trade creditors may allow them to take priority over even secured creditors in certain circumstances, by using trust principles to remove assets from the estate.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Unsecured debt, Secured creditor, Constructive trust, Court of Appeal for Ontario
    Authors:
    John Birch
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    Ontario Superior Court of Justice dismisses claim for punitive damages against directors of a former Ontario issuer
    2012-10-22

    In the recent decision of Frank v. Farlie, Turner & Co., LLC, 2011 ONSC 5519, Mr. Justice Perell of the Ontario Superior Court of Justice found, among other things, that punitive damages are not available under Part XXIII.1 of the Ontario Securities Act as such damages are inconsistent with the scheme and purpose of Ontario’s statutory secondary market disclosure liability regime.  In so doing, the court confirmed the fundamental importance of liability limits in continuous disclosure claims against directors and officers.

    Filed under:
    Canada, Ontario, Capital Markets, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Public company, Punitive damages, Securities Act 1933 (USA), Ontario Superior Court of Justice
    Authors:
    Wendy Berman , Jonathan Wansbrough
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    All is not lost if a limitations period missed
    2012-11-26

    The Take-Away

    Missing the limitations period for bringing a court action to recover a debt does not extinguish other legal rights and remedies in respect of that debt, such as bringing an application for bankruptcy or proving a claim in a bankruptcy estate.

    The Case

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Bankruptcy, Debt
    Authors:
    Eleonore Morris
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    Two recent Ontario cases act as a reminder and reconfirmation
    2012-10-11
    1. Leases Over One Year Must be Registered in all Provinces Except Québec

    In recent years the Ontario Personal Property Security Act (“PPSA”) changed the scope of its application to include all leases for a term of more than one year, regardless of whether it is a “true” or “financing” lease. This is a different rule than exists in the United States and one often missed on cross border transactions.

    Filed under:
    Canada, Ontario, Asset Finance, Insolvency & Restructuring, Litigation, Real Estate, Cassels Brock & Blackwell LLP, Ontario Superior Court of Justice, Quebec Court of Appeal
    Authors:
    Keri Wallace , Sarah McKinnon
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    DVD manufacturer Cinram sold to Najafi Companies under <i>CCAA</i> protection
    2012-07-04

    Cinram International Income Fund (TSX: CRW.UN), a Canadian company that is one of the world’s largest providers of multi-media products, has agreed to sell virtually all of its assets and businesses in the United States, Canada, the United Kingdom, France and Germany to Najafi Companies after obtaining creditor protection under the Companies' Creditors Arrangement Act (CCAA).

    Filed under:
    Canada, Insolvency & Restructuring, Cassels Brock & Blackwell LLP, United States bankruptcy court
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    Canada’s Cinram manufacturing files in CCAA
    2012-07-05

    Cinram International Income Fund (TSX: CRW.UN), a Canadian company that is one of the world’s largest providers of multi-media products, has sought and obtained protection under the Companies' Creditors Arrangement Act (CCAA). The company proposes to sell its assets and businesses in the United States, Canada, the United Kingdom, France and Germany to Najafi Companies.

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Cassels Brock & Blackwell LLP, Digital distribution, United States bankruptcy court
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    Motor vehicles in a consumer insolvency. British Columbia Court of Appeal determines trustees and consumers claims - TRAP for subprime auto lenders revisited
    2012-04-18

    It is always an interesting question as to what rights a lender has with respect to a motor vehicle owned by a consumer who becomes insolvent, and whether a secured creditor is able to seize a motor vehicle in order to satisfy an obligation due under a loan. The answer may be surprising. The recent BC Court of Appeal case, Atwal (Re) (2011 BCSC 687), highlights the rights of a debtor vis-à-vis a trustee in bankruptcy with respect to the ownership of a motor vehicle.

    Filed under:
    Canada, British Columbia, Banking, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Debtor, Secured creditor, British Columbia Court of Appeal
    Authors:
    Suhuyini Abudulai , Jonathan Fleisher
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    Insolvency watch: Arctic Glacier obtains court protection to conduct search for new investors
    2012-02-28

    Arctic Glacier Income Fund (CSNX:AG.UN) (the “Fund”) has obtained creditor protection from the Manitoba Court of Queen's Bench to allow its subsidiaries to continue normal operations as the Fund seeks new investors.

    The Arctic Glacier Income Fund is an unincorporated, open-end mutual fund trust. The Fund's head office is located in Winnipeg, Manitoba. Arctic Glacier's operating subsidiaries manufacture and distribute packaged ice products in Canada and United States.

    Filed under:
    Canada, Manitoba, Capital Markets, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Debt
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP

    Pagination

    • Current page 1
    • Page 2
    • Page 3
    • Page 4
    • Page 5
    • Page 6
    • Page 7
    • Page 8
    • 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