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    Supreme Court of Canada Callidus Decision Provides Certainty to CRA Deemed Trust Rules
    2018-11-26

    On November 8, 2018, in a decision delivered unanimously from the bench, the Supreme Court of Canada confirmed that the Crown’s superpriority over unremitted Goods and Services Tax/Harmonized Sales Tax (GST/HST) is ineffective against a secured creditor who received, prior to a tax debtor’s bankruptcy, proceeds from that taxpayer’s assets.1

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Borden Ladner Gervais LLP, Bankruptcy, Debtor, Dissenting opinion, Secured creditor, Goods and services tax (Canada), Unsecured creditor, Supreme Court of Canada, Federal Court of Appeal (Canada)
    Authors:
    Lisa Hiebert , Robyn Gurofsky , Braek Urquhart
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Secured creditors beware: Crown GST/HST garnishment may trump your security interest in an account receivable
    2012-02-14

    In the recent decision of the Supreme Court of Canada in Toronto-Dominion Bank and Her Majesty the Queen (2012 SCC 1), the Supreme Court succinctly agreed with the reasons of Justice Noël of the Federal Court of Appeal.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Tax, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Federal Court of Appeal (Canada), Quebec Court of Appeal
    Authors:
    Roger Jaipargas
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Crown priority under section 222(3) of the Excise Tax Act
    2017-10-31

    We have recently profiled conflicting cases (available here and here) dealing with a priority contest between supe

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, McCarthy Tétrault LLP, Bankruptcy, Debtor, Excise, Secured creditor, Supreme Court of Canada, Federal Court of Appeal (Canada)
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Federal Court addresses maritime lien issues in OW Group bankruptcy proceedings
    2017-04-04

    In a recent decision, the Federal Court of Appeal had occasion to consider a claim at the crossroads of bankruptcy and maritime law (ING Bank N.V. v. Canpotex Shipping Services Limited et al., 2017 FCA 47). Normally in Canada, bankruptcy cases are adjudicated in the superior courts of the respective provinces.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Shipping & Transport, McCarthy Tétrault LLP, Bankruptcy, Federal Court of Appeal (Canada)
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP

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