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    Asset sales in the CCAA
    2009-10-30

    Nortel Networks (“Nortel”) brought a motion seeking approval of the sale of various Nortel assets to Nokia Siemens (“Asset Sale Agreement”), and for approval of a Sale Agreement and Bidding Procedures, advanced by Nortel for the purpose of conducting a “stalking horse” bidding process in respect of its Code Division Multiple Access (“CDMA”) and Long-Term Evolution Access (“LTE”) assets. As of the date of the motion, Nortel had yet to propose a formal plan of compromise or arrangement.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Debtor, Economy, Good faith, Voting, Stakeholder (corporate), Companies' Creditors Arrangement Act 1933 (Canada), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    Supreme Court of Canada rules that the CRA has no claim on the GST component of a bankrupt’s accounts receivable
    2009-10-30

    The Supreme Court of Canada ruled that bankruptcy trustees, receivers and secured creditors can continue to collect the full amount of accounts receivable of a bankrupt supplier, including the Goods and Services Tax (GST) component, even if an amount remains owing by the supplier to the Canada Revenue Agency (CRA).

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Dentons, Bankruptcy, Debtor, Unsecured debt, Accounts receivable, Debt, Secured creditor, Goods and services tax (Canada), Goods and Services Tax (New Zealand), Canada Revenue Agency, Supreme Court of Canada
    Authors:
    Roger P. Simard
    Location:
    Canada
    Firm:
    Dentons
    New protection for licensees of IP — BIA and CCAA amendments come into force
    2009-10-31

    At long last, amendments to the Bankruptcy and Insolvency Act (BIA) and theCompanies’ Creditors Arrangement Act (CCAA) have come into force, providing licensees of intellectual property (IP) with some additional level of protection.

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, McCarthy Tétrault LLP, Confidentiality, Royalty payment, Bankruptcy, Debtor
    Authors:
    Philippe Boivin , Véronique Wattiez Larose
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Life sciences collaborations - recent amendments to the BIA and the CCAA and the use of bankruptcy remote entities
    2009-10-31

    Amendments to the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA) have recently come into force that purportedly protect licensees of intellectual property (IP) if their licensors become insolvent or bankrupt. There are, however, a number of uncertainties surrounding the scope of protection afforded by these amendments. Until these uncertainties are resolved, licensees may wish to consider augmenting their statutory rights by contractual and other legal mechanisms. A Bankruptcy Remote Entity (BRE) is one potential mechanism.

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, McCarthy Tétrault LLP, Royalty payment, Bankruptcy, Debtor, Foreclosure, Biotechnology, Title 11 of the US Code, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Paul Armitage
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    New bankruptcy law amendments may impact securitization
    2009-11-23

    On September 18, 2009, a number of amendments to Canada's Bankruptcy and Insolvency Act (BIA) and Companies Creditors Arrangement Act (CCAA) came into force. The amendments were passed in 2005 and 2007 but, aside from a few provisions that became effective in July 2008, the amendments sat dormant, awaiting proclamation into force. Pursuant to Order in Council P.C. 2009-1207, almost all of these amendments have now been brought into force. Some of these provisions will be of interest to participants in the securitization market.

    Filed under:
    Canada, Insolvency & Restructuring, Securitization & Structured Finance, Stikeman Elliott LLP, Debtor, Security (finance), Interest, Over-the-counter (finance), Personal property, Contract for difference, Ontario Securities Commission, Bank of Canada, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada
    Authors:
    Mark E. McElheran , Philip J. Henderson
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    Canadian insolvency law amendments: focus for equipment financiers
    2009-10-27

    On September 17, 2009 our firm published a summary of recent amendments (the "Amendments") to Canada’s Bankruptcy and Insolvency Act ("BIA") and Companies’ Creditors Arrangement Act ("CCAA"). This summary provided a detailed review of the significant legislative changes that were brought into force on September 18, 2009.

    Filed under:
    Canada, Asset Finance, Insolvency & Restructuring, Cassels Brock & Blackwell LLP, Debtor, Personal property, Common law, Secured creditor, Credit rating agency, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Joseph Bellissimo , Jonathan Fleisher
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    New bankruptcy law amendments will help IP licensees
    2009-10-15

    On September 18, 2009, many long-awaited amendments to Canada's Bankruptcy and Insolvency Act (BIA) and Companies' Creditors Arrangement Act (CCAA) came into force. One of these new provisions will help protect intellectual property (IP) licensees in the event of the bankruptcy of their licensors.

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, Stikeman Elliott LLP, Bankruptcy, Debtor, Common law, Exclusive right, Title 11 of the US Code, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    Bankruptcy and insolvency law amendments declared in force
    2009-10-20

    Insolvency law amendments were declared in force as of September 18, 2009 (the “Amendments”). The Amendments were contained in bills which received Royal assent on November 25, 2005 and on December 14, 2007, but the Amendments were not proclaimed into force until now.

    Filed under:
    Canada, Insolvency & Restructuring, Miller Thomson LLP, Wage, Bankruptcy, Debtor, Fair market value, Secured creditor, Prejudice, UNCITRAL, Title 11 of the US Code, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Eric Sherkin
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    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
    WEPPA priority for “wages”
    2009-10-20

    Re Ted LeRoy Trucking Ltd. and 383838 B.C. Ltd. (2009), 52 C.B.R. (5th) 225, 2009 BCSC 41 (B.C.S.C.)

    Ted LeRoy Trucking Ltd. obtained protection under the CCAA and PriceWaterhouseCooper was its monitor. The debtor tried to restructure and failed, and was assigned into bankruptcy with PriceWaterhouseCooper as its trustee.

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Wage, Bankruptcy, Debtor, Trade union, Liability (financial accounting), Secured creditor, Welfare, Trustee
    Location:
    Canada
    Firm:
    Miller Thomson LLP

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