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    OHSA charges may proceed against insolvent company in CCAA proceedings: court
    2013-09-17

    Occupational Health and Safety Act charges could proceed against an insolvent company even though it had obtained protection from its creditors under the Companies’ Creditors Arrangement Act (“CCAA”), an Ontario judge has decided.

    Terrace Bay Pulp Inc. was charged with offences under the Ontario Occupational Health and Safety Act in relation to two separate incidents, one in which a worker was injured in the company’s wood-handling department, and one in which a worker died after an explosion blew part of the roof off of a mill.

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Litigation, Dentons
    Authors:
    Adrian Miedema
    Location:
    Canada
    Firm:
    Dentons
    Obligations to pensioners in an insolvency: Supreme Court clarifies the law
    2013-02-01

    The Supreme Court of Canada overturned the Ontario Court of Appeal today in what is one of the most highly-anticipated cases for the pension and insolvency bars pending before the courts. In Indalex (Re) 2013 SCC 6, the court provided clarity regarding some key questions relating to the governance of an employer-administered pension plan during a proceeding under the Companies’ Creditors Arrangement Act (CCAA). The judges split on some of the issues, but here is our brief round-up:

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Fiduciary, Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    Timothy M. Banks
    Location:
    Canada
    Firm:
    Dentons
    Newfoundland and Labrador v. Abitibibowater Inc., 2012 SCC 67 (the “Abitibi case”): clean-up orders and the CCAA
    2012-12-18

    Introduction

    Filed under:
    Canada, Environment & Climate Change, Insolvency & Restructuring, Litigation, Dentons, Supreme Court of Canada
    Authors:
    Shauna N. Finlay
    Location:
    Canada
    Firm:
    Dentons
    Production of documents from court-appointed receivers
    2013-01-29

    Introduction
    Receivership and OSC proceeding
    Production by court-appointed receivers
    Not the right forum
    Comment


    Introduction

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Ontario Securities Commission, Court of Appeal for Ontario
    Authors:
    Norm Emblem , Chloe A. Snider
    Location:
    Canada
    Firm:
    Dentons
    Re Hartford Computer Hardware Inc. - a restrictive approach to public policy exceptions in cross-border insolvencies
    2012-07-06

    In the recent decision of the Ontario Superior Court of Justice (the “Ontario Court”) inRe Hartford Computer Hardware Inc.1 (“Re Hartford”), the Ontario Court held that the public policy exemption in foreign recognition proceedings under the Companies’ Creditors Arrangement Act (the “CCAA”) should be interpreted narrowly.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Debtor, Collateral (finance)
    Location:
    Canada
    Firm:
    Dentons
    The Hollinger sealing order – using the <i>Sierra Club</i> test to protect settlement privilege
    2011-11-01

     

    Introduction

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Confidentiality, Interest, Discovery, Freedom of speech, Non-disclosure agreement, Right to a fair trial, KPMG, Trustee, Court of Appeal for Ontario
    Authors:
    Norm Emblem , Chloe A. Snider
    Location:
    Canada
    Firm:
    Dentons
    Rights of set-off in insolvency
    2011-05-18

    When a company winds up, begins restructuring proceedings or goes bankrupt, a debtor or creditor may be able to cancel out the amount payable to the other party by using the remedy of “set‐off”. Set‐off involves the cancelling of crossliabilities between two parties who owe each other money. It is a valuable tool that can increase a creditor’s percentage of recovery and decrease the debt burden of a debtor.

    Types of Set‐off: Contractual, Legal or Equitable

    Filed under:
    Canada, Insolvency & Restructuring, Dentons, Bankruptcy, Debtor, Consideration, Debt, Common law
    Location:
    Canada
    Firm:
    Dentons
    The Open for Business Act: Bill 68 – An act to promote Ontario as open for business by amending or repealing certain acts - enacted as: Chapter 16 of the Statutes of Ontario, 2010
    2011-05-19

    Bill 68 – An Act to promote Ontario as open for business by amending or repealing
    certain Acts (the “Open for Business Act”)1 received Royal Assent on October 25,
    2010. It is an omnibus Act which contains more than 100 amendments to existing
    legislation spread out across 10 ministries.

    Filed under:
    Canada, Ontario, Banking, Company & Commercial, Construction, Environment & Climate Change, Insolvency & Restructuring, Real Estate, Dentons, Constitutional amendment
    Location:
    Canada
    Firm:
    Dentons
    Ontario Court of Appeal gives priority to pension plan wind-up deficits in CCAA proceedings
    2011-04-08

    On April 7, 2011, in Indalex Limited (Re), 2011 ONCA 265 (Re Indalex), the Ontario Court of Appeal (the Court) held that in certain circumstances a pension plan wind-up deficit should be paid in priority to claims of secured creditors, including amounts outstanding under a court-approved debtor-in-possession facility (the DIP Facility).

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Debtor, Companies' Creditors Arrangement Act 1933 (Canada), Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Dentons
    Appeals from disallowances of claims by trustees: true appeals or hearings de novo?
    2011-03-14

    One of the duties of a trustee is to examine each claim presented by a potential creditor of the
    bankrupt and to determine whether such a claim is valid. A trustee is entitled, under
    subsection 135(2) of the BIA, to disallow any claim, priority or security that it finds unproven or
    invalid. In the event that a creditor’s claim is disallowed by a trustee, that creditor is entitled to appeal that decision to the superior court in the province. A creditor has 30 days after the
    receipt of the trustee’s reasons for disallowance to file an appeal, although an extension may be

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Discovery, Standard of review, Admissible evidence, Trustee
    Location:
    Canada
    Firm:
    Dentons

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