Solicitor and client privilege in bankruptcy - revisited and affirmed

In Ultra Information Systems Canada Inc. v. Pushor Mitchell LLP (2008 Carswell BC 1537 (B.C.S.C.)), one of the corporate Defendants had become bankrupt. There was an issue as to whether some of the bankrupt Defendant’s production documents were privileged. The Court considered whether the Trustee in Bankruptcy could waive the previously claimed solicitor and client privilege and therefore produce the documents.

Filed under:
Canada, British Columbia, Insolvency & Restructuring, Legal Practice, Litigation, Dentons, Bankruptcy, Waiver, Solicitor, Limited liability partnership, Bankruptcy and Insolvency Act 1985 (Canada), British Columbia Supreme Court, Trustee
Location:
Canada
Firm:
Dentons
Alberta court finds a DIP Charge can be granted in priority to the deemed trust claims of CRA

In Re Temple City Housing Inc.; Minister of National Revenue v. Temple City Housing Inc. 2007 CarswellAlta 1806 (Alta. Q.B.), Temple City Housing Inc. (“Temple”) filed for protection under the Companies’ Creditors Arrangement Act (“CCAA”). The Order sought by Temple contemplated that a Debtor-In-Possession credit facility (“DIP Charge”) would be granted. Temple’s major creditor, Canada Revenue Agency (“CRA”), opposed the granting of the DIP Charge, which would create a court ordered priority over the CRA deemed trust claim.

Filed under:
Canada, Insolvency & Restructuring, Tax, Dentons, Debtor, Interest, Stakeholder (corporate), Line of credit, Constitutional amendment, Canada Revenue Agency, Court of Appeal of England & Wales
Location:
Canada
Firm:
Dentons