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    Revue des décisions récentes de la Cour d’appel du Québec en matière de protection du consommateur
    2022-05-04

    Au Québec, le droit de la consommation évolue régulièrement et la Loi sur la protection du consommateur (L.P.C.) continue de faire l’objet de plusieurs décisions des tribunaux chaque mois.

    À l’occasion de la publication de ce nouveau bulletin de notre série en droit de la consommation, nous présentons les développements récents dans ce domaine sous l’angle des décisions des quelque 12 derniers mois de la Cour d’appel du Québec, qui apportent un éclairage sur des règles de la L.P.C.

    Filed under:
    Canada, Quebec, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, Litigation, Telecoms, Borden Ladner Gervais LLP, Bankruptcy, Consumer protection, Consumer Protection Act 1971 (Quebec) (Canada), Quebec Court of Appeal
    Authors:
    Guillaume Talbot-Lachance
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Review of recent Québec Court of Appeal decisions on consumer protection
    2022-05-04

    Consumer law in Québec remains in constant evolution, and the Consumer Protection Act (CPA) continues to be the subject of many court decisions each month.

    In this new article in our series on consumer law, we present recent developments in this area from the perspective of Québec Court of Appeal decisions over the past 12 months, which shed some light on the rules of the CPA.

    Filed under:
    Canada, Quebec, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, Litigation, Telecoms, Borden Ladner Gervais LLP, Bankruptcy, Consumer protection, Consumer Protection Act 1971 (Quebec) (Canada), Quebec Court of Appeal
    Authors:
    Guillaume Talbot-Lachance
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    When are company directors personally liable under the Australian Consumer Law?
    2021-04-20

    The Federal Court of Australia has ordered two company directors to personally compensate customers, pay a large fine and be disqualified from managing a corporation for being ‘knowingly concerned’ in unconscionable conduct by their company and ‘causing it’ to make false or misleading representations, in contravention of the Australian Consumer Law.

    The orders made by the Federal Court of Australia against the company directors of Australian 4WD Hire, a vehicle rental company, were:

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Internet & Social Media, Litigation, Cordato Partners, Consumer protection, Board of directors, Australian Competition and Consumer Commission, Australian Consumer Law, Bankruptcy and Insolvency Act 1985 (Canada), Federal Court of Australia
    Authors:
    Anthony J Cordato
    Location:
    Australia
    Firm:
    Cordato Partners
    Bondholders' rights in case of insolvency restricted by 1874 law
    2011-02-09

    Introduction

    On October 20 2010 insolvency proceedings were opened against A-TEC Industries AG, the Austrian holding company of industrial group A-TEC. With outstanding debt of around €650 million (including contingent claims), this insolvency is set to be the third-largest insolvency in Austria to date. Claims included around €300 million of bond debt (two convertible bonds and a corporate bond) issued by the company.

    Filed under:
    Austria, Insolvency & Restructuring, Litigation, Schoenherr, Bond (finance), Retail, Debtor, Consumer protection, Debt, Holding company, Corporate bond, Convertible bonds, Pro rata, Trustee
    Authors:
    Ursula Rath , Stefan Paulmayer
    Location:
    Austria
    Firm:
    Schoenherr
    Error in debtor’s name in PPSA registration
    2010-08-27

    Fairbanx Corp v Royal Bank of Canada, 2010 ONCA 385 (Ont CA), on appeal from 2009 CanLII 55376 (Ont SC)

    Fairbanx factored accounts for the debtor, Friction Tecnology Consultants Inc. Fairbanx made its Ontario PPSA registration misspelling the name as Technology, with an “H”. Two years later, the debtor obtained a line of credit from the Bank, which correctly named the debtor in its Ontario PPSA registration.

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Bankruptcy, Credit (finance), Debtor, Consumer protection, Accounts receivable, Conveyancing, Line of credit, Royal Bank of Canada
    Authors:
    Jennifer Babe
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Surviving a restructuring and key employee retention programs
    2009-05-12

    Retention of key employees is a primary concern of any company that is seeking to survive a restructuring process as a viable operating business. The question is how to ensure that employee retention payments fairly balance the goal of retaining employees who are key to the restructuring against the financial impact on other stakeholders of the implementation of such a program. Beyond that, in the case of a cross-border restructuring, one must be aware of the difference between Canadian and US law on the issue of employee retention.  

    Filed under:
    Canada, USA, Employment & Labor, Insolvency & Restructuring, Norton Rose Fulbright, Bankruptcy, Debtor, Consumer protection, Good faith, Stakeholder (corporate), Corporate social responsibility, Compensation and benefits, Enron
    Authors:
    Evan Cobb
    Location:
    Canada, USA
    Firm:
    Norton Rose Fulbright Canada 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
    Bear Stearns redux: ruling denying chapter 15 recognition to Cayman Islands hedge funds upheld on appeal
    2008-08-01

    The failed bid of liquidators for two hedge funds affiliated with defunct investment firm Bear Stearns & Co., Inc., to obtain recognition of the funds’ Cayman Islands winding-up proceedings under chapter 15 of the Bankruptcy Code was featured prominently in business headlines during the late summer and fall of 2007.

    Filed under:
    Cayman Islands, USA, New York, Insolvency & Restructuring, Private Client & Offshore Services, Jones Day, Bankruptcy, Debtor, Consumer protection, Injunction, Hedge funds, Subprime lending, Liquidation, Investment company, UNCITRAL, Bear Stearns, Title 11 of the US Code, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    Cayman Islands, USA
    Firm:
    Jones Day
    China’s Steel Industry Fights For Survival
    2016-01-21

    China is one of the largest manufacturers and consumers of iron and steel products.   The steel industry in China has developed over several decades into the biggest in the world. China accounts for nearly 50% of world steel production. It has been driven by rapid modernization of its economy, construction, infrastructure and manufacturing industries.

    Filed under:
    China, United Kingdom, Insolvency & Restructuring, Trade & Customs, Squire Patton Boggs, Consumer protection, Environmental protection, Air pollution
    Authors:
    Quian (Sarah) Xiong
    Location:
    China, United Kingdom
    Firm:
    Squire Patton Boggs
    Croatia: Consumer Bankruptcy Act Introduces Consumer Bankruptcy into the Legal System
    2016-01-05

    The Croatian Consumer Bankruptcy Act (Zakon o stečaju potrošača; "ZSP")[1], which entered into force on 1 January 2016, for the first time introduces the legal concept of consumer bankruptcy into the legal system.

    Filed under:
    Croatia, Insolvency & Restructuring, Schoenherr, Consumer protection
    Authors:
    Ozren Ivkovic , Marko Kruc
    Location:
    Croatia
    Firm:
    Schoenherr

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