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    Ontario court finds representative proceeding to be time-barred despite being commenced within the limitation period
    2017-04-24

    In Caetano v Quality Meat Packers, 2017 ONSC 1199, Justice Belobaba of the Ontario Superior Court recently had opportunity to consider whether two representative proceedings commenced on behalf of two separate groups of employees against an insolvent employer ought to be struck because, despite the actions having been commenced within the applicable two year limitation period, the plaintiffs in those two actions had failed to obtain the necessary representation orders within the two year period.

    Filed under:
    Canada, Ontario, Employment & Labor, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Class action, Wrongful dismissal, Ontario Superior Court of Justice
    Authors:
    David Stamp , Joshua Krusell
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Courts give the green light for fraud-based class actions in Canadian insolvency proceedings
    2016-10-20

    Both of Canada’s primary insolvency statutes, the Bankruptcy and Insolvency Act (“BIA”) and the Companies’ Creditors Arrangement Act (“CCAA”) provide for an automatic stay of all legal proceedings when an insolvent debtor files for or seeks insolvency protection. The purpose of the stay is to provide breathing space to a debtor attempting to restructure its business so as to avoid “death by a thousand cuts” and also to ensure similarly situated creditors are treated equally.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Shareholder, Debtor, Fraud, Class action, Legal burden of proof, Prejudice, Prima facie, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
    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
    Ontario Court Refuses to Add Underwriters to Class Action against Bankrupt Issuer
    2016-05-03

    In a decision released April 27, 2016 in LBP Holdings Ltd. v. Allied Nevada Gold Corp., Justice Belobaba dismissed a motion by a representative plaintiff to add certain underwriters as defendants to a securities class proceeding. The defendant gold mining company, Allied Nevada, effected a secondary public offering financed as a "bought deal" by two underwriters.

    Filed under:
    Canada, Ontario, Capital Markets, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Class action, Underwriting
    Authors:
    Bevan Brooksbank
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Court of Appeal summaries (January 25, 2016-January 29, 2016)
    2016-01-29

    Hello All,

    Topics covered by the Court of Appeal this week in its civil decisions included franchise law (duty of disclosure), employment law (WSIB and wrongful dismissal of dependent contractors), insolvency (statutory privilege of documents), debtor-creditor (capacity to execute guarantees), MVA (liability of automobile lessors), family law (property claims of unmarried common law spouses), contracts (interpretation and specific performance), and motions to strike for no reasonable cause of action (a claim by a lawyer against the Law Society and a securities class action).

    Filed under:
    Canada, Ontario, Capital Markets, Company & Commercial, Employment & Labor, Family, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, Blaney McMurtry LLP, Class action, Wrongful dismissal, Common law
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Administrator wipeout! Claimants stoked as Court dumps nominal value for class action claims
    2018-03-02

    This week’s TGIF considers In the matter of SurfStitch Group Limited [2018] NSWSC 164, where the Court refused to allow administrators to value claims of class action group members at a nominal $1 for voting at the second creditors’ meeting.

    What happened?

    On 11 December 2017, the administrators of SurfStitch filed an application seeking orders:

    Filed under:
    Australia, New South Wales, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Shareholder, Class action
    Authors:
    Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Administrators beware - class action creditors cannot be arbitrarily silenced
    2018-02-25

    JWS successfully protected the rights of the class action creditors to have their claims in the voluntary administration of SurfStitch Group Limited (SGL) valued appropriately, for the purposes of voting at the second meeting of creditors of SGL. Joseph Scarcella of JWS acts for Nakali Pty Limited (Nakali), the lead plaintiff in the first class action proceeding instituted against SGL.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Class action
    Authors:
    Joseph Scarcella
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Forging New Law in Insolvency - the Collapse of the Forge Group
    2017-07-31

    One of the harbingers of the end of the mining boom in Western Australia was the collapse of the Forge Group in early 2014. Forge Group Ltd (Forge) and the companies associated with it were substantial players in the mining services sector. Towards the end of 2013 Forge went into an extended trading halt arising from concerns about its ability to meet debt covenants. In early 2014 the company announced that it had reached a deal with its bank, ANZ, which would “solve the liquidity issues and strengthen Forge Group’s balance sheet”.

    Filed under:
    Australia, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Kott Gunning Lawyers, Class action, Corporations Act 2001 (Australia)
    Authors:
    Tom Darbyshire
    Location:
    Australia
    Firm:
    Kott Gunning Lawyers
    Australia Law Year in Review 2016 and Year to Come 2017
    2017-01-05

    Year in Review - Australia Law in 2016

    Filed under:
    Australia, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employee Benefits & Pensions, Energy & Natural Resources, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Real Estate, Tax, White Collar Crime, Linklaters LLP, Foreign direct investment, Class action, Patentable subject matter, Foreign Investment Review Board, Australian Securities Exchange, Victoria Supreme Court
    Location:
    Australia
    Firm:
    Linklaters LLP
    No green light for establishing causation in shareholder claims
    2016-05-12

    Key Points:

    While shareholders may only need to establish indirect market causation, there are still significant obstacles for establishing shareholder claims.

    Do plaintiffs in a shareholder class action have to show they relied upon misleading or deceptive conduct, or is it enough that the market in general relied upon them, which then affected the share price?

    Filed under:
    Australia, New South Wales, Company & Commercial, Insolvency & Restructuring, Litigation, Clayton Utz, Shareholder, Class action, Causation (law)
    Location:
    Australia
    Firm:
    Clayton Utz

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