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    Set off as a “security interest” for payroll super priority rights of CRA
    2009-10-20

    Caisse populaire Desjardins de l’Est de Drummond v. Canada, 2009 SCC 29 (Can LII) (S.C.C.); on appeal from 2006 FCA 366 (Can LII)

    The Caisse granted Camvrac a line of credit of up to $297,000. Camvrac deposited $200,000 with the Caisse subject to a “Security Given Through Savings” agreement (the “Savings Agreement”) and agreed:

    (i) to have the $200,000 on deposit as long as the line of credit was outstanding; and

    Filed under:
    Canada, Banking, Employment & Labor, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Wage, Debtor, Interest, Income tax, Debt, Tax deduction, Unemployment benefits, Common law, Line of credit
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Directors' liability in the event of bankruptcy
    2009-06-30

    A. THE PROBLEM

    Many charities and associations have cash flow challenges, particularly in the current economic situation. They usually budget to break even financially. If some funding does not materialize as expected, they may be forced to close down. Their directors may be at financial risk as a result.

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Non-profit Organizations, Borden Ladner Gervais LLP, Wage, Bankruptcy, Legal personality, Interest, Employment contract, Budget, Trade union, Wrongful dismissal, Debt, Liability (financial accounting), Common law, Joint and several liability, Severance package, European Space Agency, Corporations Act 2001 (Australia), Employment Standards Act 2000 (Ontario) (Canada), Canada Labour Code
    Authors:
    Michelle S. Henry
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Good news for secured creditors as value of their collateral increases
    2008-11-05

    For most lenders, taking security from their borrowers is pretty straightforward: take a general security agreement covering inventory, receivables and all other collateral, add some guarantees, and then look to see if there are any other loose ends that need tying up. But for businesses in regulated industries where some sort of government-issued licence is a threshold requirement, it's not that easy.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Bankruptcy, Debtor, Collateral (finance), Security (finance), Accounts receivable, Personal property, Common law, Royal Bank of Canada, Bankruptcy and Insolvency Act 1985 (Canada), Personal Property Security Act 1990 (Canada), Supreme Court of the United States
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    Licenses and Parliament’s lexicon
    2008-12-08

    The Supreme Court of Canada released its decision in Saulnier v. Royal Bank of Canada on October 24, 2008. The decision provides welcome clarification concerning the nature of government licenses and confirms that at least certain kinds of licenses constitute property for the purposes of the Bankruptcy and Insolvency Act (the “BIA”) and for the purposes of Canadian personal property security legislation. The decision is also important because it takes a purposive and commercial approach to the interpretation of bankruptcy and personal property security legislation.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Interest, Personal property, Common law, Secured creditor, Easement, Tangible property, Bénéfice, Royal Bank of Canada, Bankruptcy and Insolvency Act 1985 (Canada), Personal Property Security Act 1990 (Canada), Supreme Court of Canada
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    The chronicles of property of the bankrupt: trustees, interim receivers and the law of trusts
    2008-08-19

    In Re Norame Inc. (2008), 90 O.R. (3d) 303(Ont. C.A.), the Ontario Court of Appeal was again called upon to consider various issues of importance to insolvency practitioners. In a decision released on April 28, 2008, Mr. Justice LaForme delivered the judgment for the Court of Appeal and in so doing dismissed the appeal of Paddon + Yorke Inc., in its capacity as trustee in bankruptcy of Norame Inc. (the "Trustee").

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Involuntary dismissal, Common law, Ally Financial, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, Court of Appeal of England & Wales, Court of Appeal for Ontario, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Insolvency along the NAFTA highways: what you need to know
    2008-07-23

    The relationship between Canada and the United States is one of the closest and most extensive in the world. With the equivalent of $1.6 billion in bilateral trade every day3, it is no surprise that a large number of US companies have subsidiary operations and assets located in Canada. Despite numerous socio-economic similarities between both countries and legal regimes both anchored in the tradition of common law, there are a number of legal differences that have the potential to significantly impact US companies doing business in Canada.

    Filed under:
    Canada, USA, Insolvency & Restructuring, McMillan LLP, Debtor, Unsecured debt, Comity, Common law, Prejudice, Title 11 of the US Code, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada, USA
    Firm:
    McMillan LLP
    Alberta Receiver recognized in Colorado under Chapter 15 of the US Bankruptcy Code
    2008-02-28

    Ernst & Young Inc. was appointed by the Court of Queen’s Bench of Alberta as the Receiver and Manager of an Alberta Corporation named Klytie’s Development Inc., its Colorado subsidiary, and the two primary shareholders of the debtor companies

    Filed under:
    Canada, USA, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Debtor, Consumer protection, Investment funds, Common law, Subsidiary, Securities Act 1933 (USA), Title 11 of the US Code, United States bankruptcy court
    Location:
    Canada, USA
    Firm:
    Dentons
    Substantial amendments to Ontario’s PPSA legislation
    2007-05-01

    Ontario has introduced a series of significant amendments to the Personal Property Security Act (Ontario) (the PPSA). The last major amendments to the PPSA occurred in 1989. This Osler Update highlights amendments to the PPSA that are of particular interest to court officers of insolvent enterprises and others taking or enforcing security.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Osler Hoskin & Harcourt LLP, Debtor, Collateral (finance), Security (finance), Breach of contract, Interest, Personal property, Common law, Default (finance), Secured creditor, Credit default swap, Uniform Commercial Code (USA), Personal Property Security Act 1990 (Canada)
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Cayman Bank liquidators denied common law and statutory recognition in the Bahamas
    2016-03-31

    In a "jurisprudentially unattractive" decision, the Supreme Court of the Commonwealth of the Bahamas has refused the liquidators of Caledonian Bank (in official liquidation under the supervision of the Grand Court of the Cayman Islands) recognition in the Bahamas, where assets in the region of $16 million are held.

    Facts

    Filed under:
    Cayman Islands, Global, Banking, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Lennox Paton, Common law, Liquidator (law)
    Authors:
    Sophia Rolle-Kapousouzoglou
    Location:
    Cayman Islands, Global
    Firm:
    Lennox Paton
    Tasarruf Meduati Ssigorta Fonu v Merrill Lynch (Cayman) Limited and others
    2009-09-30

    Cayman Islands Court of Appeal, Unreported judgment given 9 September 2009.

    As a matter of English and Cayman law, does the court have jurisdiction to appoint a receiver, at the behest of a judgement creditor, by way of equitable execution over a settlor’s power of revocation of a trust?

    Facts

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, Bankruptcy, Debt, Common law, Capital punishment, Citizenship, Right to a fair trial, Merrill, European Convention on Human Rights, Court of Appeal of England & Wales
    Location:
    Cayman Islands
    Firm:
    Ogier

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