Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    FCA confirms CRA super priority over secured creditors on a GST/HST debtors’ property
    2020-05-21

    In Toronto-Dominion Bank v Canada,1 the Federal Court of Appeal (FCA) upheld the Federal Court’s decision2 that the Toronto-Dominion Bank (TD) was required to pay to the Canada Revenue Agency (CRA) proceeds of $67,854 for unremitted GST that TD received as repayment from a borrower upon the discharge of a TD mortgage.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Due diligence, Federal Court of Appeal (Canada)
    Authors:
    Bobby B. Solhi , Braek Urquhart
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    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, Harmonised sales tax, Dissenting opinion, Secured creditor, Goods and services tax (Canada), Unsecured creditor, Supreme Court of Canada, Federal Court of Appeal (Canada)
    Authors:
    Laurie Goldbach , Lisa Hiebert , Braek Urquhart
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    The Supreme Court Unanimously Overturns the Decision of the Federal Court of Appeal in Callidus Capital Corporation v. Canada
    2018-11-12

    Where there is a bankruptcy, there is no personal liability of a secured creditor to the Crown for funds received prior to the bankruptcy from a realization of assets that were subject to the deemed trust under the Excise Tax Act (Canada) (“ETA”).

    Factual Background

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Langlois Lawyers LLP, Bankruptcy, Debtor, Debt, Secured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Federal Court of Appeal (Canada)
    Authors:
    Éric Savard , Charles Lapointe
    Location:
    Canada
    Firm:
    Langlois Lawyers LLP
    La Cour suprême infirme unanimement la décision de la Cour d’appel fédérale dans l’affaire Callidus Capital Corporation
    2018-11-12

    En cas de faillite, le créancier garanti n’est pas responsable envers le fisc pour les sommes perçues avant la faillite provenant de la réalisation de biens faisant partie d’une fiducie présumée créée aux termes de la Loi sur la taxe d’accise.

    Rappel des faits et contexte

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Langlois Lawyers LLP, Holding company, Bankruptcy and Insolvency Act 1985 (Canada), Federal Court of Appeal (Canada)
    Authors:
    Éric Savard , Charles Lapointe
    Location:
    Canada
    Firm:
    Langlois Lawyers LLP
    Supreme Court of Canada Rules in Favour of Lenders in Callidus
    2018-11-13

    In a 2017 judgment discussed here, the Federal Court of Appeal permitted the CRA to assert a claim against a secured creditor who had received a repayment from its borrower prior to bankruptcy when the borrower also owed unremitted GST obligations to the Crown.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, McCarthy Tétrault LLP, Supreme Court of Canada, Federal Court of Appeal (Canada)
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    No Deemed Trust for Unremitted GST and HST Post-Bankruptcy
    2018-11-13

    In a unanimous decision issued November 8, 2018, the Supreme Court of Canada granted the appeal of the decision of the Federal Court of Appeal in Canada v Callidus Capital Corp, 2017 FCA 162.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Bennett Jones LLP, Bankruptcy, Excise, Secured creditor, Canada Revenue Agency, Supreme Court of Canada, Federal Court of Appeal (Canada)
    Authors:
    Kelsey J. Meyer , Raj S. Sahni
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    The Supreme Court of Canada Overturns the Federal Court of Appeal Decision in Callidus Capital: Secured Lenders in Canada can Breathe a Little Easier
    2018-11-13

    Almost one year ago, in an article entitled “Are Forbearance Agreements on the Endangered Species List? The Effect of Canada v. Callidus Capital on Lender’s Dealings with Insolvent Borrowers” this author analyzed the Federal Court of Appeal decision in Her Majesty the Queen v. Callidus Capital (2017) FCA 162.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Real Estate, Tax, Torkin Manes LLP, Supreme Court of Canada, Federal Court of Appeal (Canada)
    Location:
    Canada
    Firm:
    Torkin Manes LLP
    No Deemed Trust for Unremitted GST and HST Post-Bankruptcy
    2018-11-13

    In a unanimous decision issued November 8, 2018, the Supreme Court of Canada granted the appeal of the decision of the Federal Court of Appeal in Canada v Callidus Capital Corp, 2017 FCA 162.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Tax, Bennett Jones LLP, Excise, Secured creditor, Goods and services tax (Canada), Canada Revenue Agency, Supreme Court of Canada, Federal Court of Appeal (Canada)
    Authors:
    Raj S. Sahni , Kelsey J. Meyer
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Financial Services & Insolvency Communiqué
    2018-04-03

    Secured Creditor’s Priority Over Unremitted GST/HST: SCC Grants Callidus Capital Corporation Leave to Appeal

    On March 22, 2018, the Supreme Court of Canada granted Callidus Capital Corporation (the “Secured Creditor”) leave to appeal the Federal Court of Appeal decision that interpreted subsection 222(3) of the Excise Tax Act (Canada) (the “ETA”) as giving the Crown super priority to property received by a secured creditor from a tax debtor before bankruptcy.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Miller Thomson LLP, Supreme Court of Canada, Federal Court of Appeal (Canada)
    Authors:
    Jane Loyer , Colleen Ma
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    GST/HST Credit Notes Are Not Effective Until Payment Is Made: FCA Rules on Insolvent Supplier’s Unfulfilled Commitment to Reimburse Customer
    2018-04-13
    • On January 12, 2018, the Federal Court of Appeal (“FCA”) delivered its judgment in North Shore Power Group Inc. v.
    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Stikeman Elliott LLP, Federal Court of Appeal (Canada), Tax Court of Canada
    Authors:
    Jean-Guillaume Shooner
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP

    Pagination

    • Current page 1
    • Page 2
    • Page 3
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days