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    Blaney’s appeals: Ontario Court of Appeal Summaries (July 29 - August 2, 2019)
    2019-08-02

    Good evening.

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

    Filed under:
    Canada, Ontario, Company & Commercial, Insolvency & Restructuring, Insurance, Litigation, Blaney McMurtry LLP, Ford Motor Company
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Galantis v Alexiou: No Oppression after Dissolution
    2019-04-18

    In Galantis v Alexious, [2019] UKPC 15 the Privy Council concluded that the oppression remedy existing under the Bahamian Companies Act cannot be invoked after the dissolution of a company, with respect to oppressive conduct by directors that occurred before the dissolution of the company.

    Filed under:
    Canada, United Kingdom, Quebec, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Corporations Act 2001 (Australia)
    Authors:
    Richard Lizius
    Location:
    Canada, United Kingdom
    Firm:
    McCarthy Tétrault LLP
    Canadian Corporate & Restructuring Legislation: Changes Could be on the Way
    2019-05-17

    Bill C-97 (the “Bill”) was introduced in Parliament to implement the federal budget tabled by the Liberal government on March 19, 2019. The Bill includes proposed changes to the Canada Business Corporations Act (“CBCA”), the Bankruptcy and Insolvency Act (“BIA”) and the Companies Creditors’ Arrangements Act (“CCAA”).

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Litigation, McMillan LLP, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Waël Rostom , Jeffrey Levine
    Location:
    Canada
    Firm:
    McMillan LLP
    Quebec Court of Appeal decision in Bluberi CCAA proceedings
    2019-02-08

    PLAN SPONSOR ENTITLED TO VOTE AS CREDITOR AND CREDITOR APPROVAL REQUIRED TO IMPLEMENT LITIGATION FUNDING AGREEMENT.

    Filed under:
    Canada, Quebec, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Companies' Creditors Arrangement Act 1933 (Canada), Quebec Court of Appeal
    Authors:
    Jocelyn Perreault , Noah Zucker , François Alexandre Toupin
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Highlights of 2018 Canadian Restructuring Law
    2019-01-16

    While 2018 saw a slight decrease in nationwide CCAA filings (with 19 total cases commenced, compared to 23 in 2017), there were a number of important decisions rendered throughout the country. The highlights are summarized below:

    Supreme Court of Canada clarifies Crown priority for GST claims

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, McCarthy Tétrault LLP, Royal Bank of Canada, Bankruptcy and Insolvency Act 1985 (Canada), Canada Business Corporations Act 1985, Supreme Court of Canada
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Série de PwC Canada sur le cannabis, Chapitre 6 - Réorganisation : un mal nécessaire pour une industrie nouvelle
    2018-08-31

    Un ajustement après la légalisation

    Filed under:
    Canada, Company & Commercial, Healthcare & Life Sciences, Insolvency & Restructuring, PwC Canada
    Authors:
    Darren Henderson , Rami El-Cheikh , Michael McTaggart , Emma Whalley , Ian Dunlop
    Location:
    Canada
    Firm:
    PwC Canada
    PwC Canada's cannabis series, Chapter 6 - Restructuring: The growing pains of a new industry
    2018-08-31

    Post-legalization correction?

    Filed under:
    Canada, Company & Commercial, Healthcare & Life Sciences, Insolvency & Restructuring, PwC Canada, Cannabis
    Authors:
    Darren Henderson , Rami El-Cheikh , Michael McTaggart , Emma Whalley , Ian Dunlop
    Location:
    Canada
    Firm:
    PwC Canada
    Ontario Court of Appeal Summaries (September 24 - 28, 2018)
    2018-09-28

    Following are the summaries for the civil decisions released by the Court of Appeal this week.

    There were two wrongful dismissal cases this week. One was brought by a physician against Sick Kids Hospital. The Court found against the Hospital and allowed the appeal, remitting the matter back to the Superior Court for a determination of the damages. The second involved the breach of fiduciary duty of a senior officer of a public company who was found to have been self-dealing. The Court confirmed that the breach of fiduciary duty constituted just cause for termination.

    Filed under:
    Canada, Ontario, Company & Commercial, Crime, Employment & Labor, Family, Insolvency & Restructuring, Litigation, Blaney McMurtry LLP, Wrongful dismissal, Companies' Creditors Arrangement Act 1933 (Canada), Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Insolvency in construction: What does this mean for your contract?
    2018-04-16

    In the second of our mini-series on insolvency in construction, we consider what you need to do when you find out that the party you are in contract with has become (or is about to become) insolvent.

    Who are you in contract with? Which specific entity?

    The first thing you should do in the event of a counterparty's alleged insolvency is check which legal entity you are in a contract with.

    This is in order to prevent you from acting too early and committing a repudiatory breach yourself, if you take pre-emptive action against your counterparty.

    Filed under:
    Canada, Company & Commercial, Construction, Insolvency & Restructuring, Gowling WLG
    Authors:
    Pippa Hill , Sue Ryan , Lindsay Hammond , Stephan Smoktunowicz
    Location:
    Canada
    Firm:
    Gowling WLG
    When Can a CCAA Monitor Bring an Oppression Claim Against a Stakeholder?
    2018-02-01

    Until a court orders otherwise, a monitor appointed under the Companies’ Creditors Arrangement Act is a neutral party and may not take sides in favour of one stakeholder over another.

    Filed under:
    Canada, Ontario, Company & Commercial, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Court of Appeal for Ontario
    Authors:
    Steven L. Graff , Mark van Zandvoort
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP

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