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    Finance litigation briefing - September 2017
    2017-09-06

    Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.

    Single signature bank mandate binding on partnership

    The High Court has recently considered whether a one signature bank mandate was sufficient to bind a partnership to various loan agreements.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Real Estate, Gowling WLG, Court of Appeal of England & Wales, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Doing business in Canada — a checklist
    2017-05-05

    While Canada’s legal system will be familiar to many foreign investors and companies, the Canadian legal system and laws have a number of unique aspects that might surprise you. Understanding these unique aspects of Canadian law is critical to your business success in Canada. Gowling WLG understands the challenges of establishing and conducting business in this country. With offices in major cities across Canada, we provide effective counsel and insightful business solutions that help our clients access the full potential of the Canadian marketplace.

    Filed under:
    Canada, Capital Markets, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Environment & Climate Change, Franchising, Immigration, Insolvency & Restructuring, Intellectual Property, IT & Data Protection, Real Estate, Tax, White Collar Crime, Gowling WLG, Legal personality, Joint and several liability
    Location:
    Canada
    Firm:
    Gowling WLG
    Applications for leave to appeal dismissed - 21 April 2016
    2016-04-21

    36728    Enmax Power Corporation, Altalink Management Ltd., in its capacity as general partner of Altalink, L.P., EPCOR Distribution & Transmission Inc. v. Alberta Utilities Commission, Office of the Utilities Consumer Advocate of Alberta

    - and between -

    FortisAlberta Inc., Altagas Utilities Inc., ATCO Gas and Pipelines Ltd., ATCO Electric Ltd. v. Alberta Utilities Commission, Office of the Utilities Consumer Advocate of Alberta

    Filed under:
    Canada, Company & Commercial, Crime, Employment & Labor, Family, Insolvency & Restructuring, Insurance, Litigation, Private Client & Offshore Services, Public, Shipping & Transport, Tax, Gowling WLG
    Authors:
    Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Graham S. Ragan , Brian A. Crane, Q.C.
    Location:
    Canada
    Firm:
    Gowling WLG
    Applications for leave to appeal dismissed- 18 December
    2014-12-18

    36114  Miazga v. The Queen  (Criminal law – Manslaughter)

    Filed under:
    Canada, Crime, Insolvency & Restructuring, Legal Practice, Litigation, Private Client & Offshore Services, Tax, Gowling WLG
    Authors:
    Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Ed Van Bemmel , Graham S. Ragan , Brian A. Crane, Q.C.
    Location:
    Canada
    Firm:
    Gowling WLG
    As easy as '123' - drafting insolvency events post Eurosail
    2013-05-23

    The recent decision in BNY Corporate Trustee Services Limited v Eurosail - UK 2007 - 3BL PLC (Eurosail) has provided helpful guidance on the interpretation of the insolvency tests set out in section 123 of the Insolvency Act 1986. This guidance is not only relevant to companies with financial problems. The common practice of drafting contractual events of default by reference to section 123 means that it has significance to anyone who is creating or is party to contracts (whether finance documents or other commercial contracts) containing this type of provision.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Debt, Liability (financial accounting), Balance sheet, Insolvency Act 1986 (UK)
    Authors:
    Julian C. Pallett
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Spotlight on security documents: the landlord waiver
    2011-09-30

    Having enforceable security over all of a borrower’s assets is obviously of primary importance to a lender.  However, where a borrower occupies leased premises, ensuring the lender has quick and reliable access to the collateral is equally important, especially if the landlord proves to be unco-operative after a borrower’s default.  Although court-ordered access to a borrower’s leased premises can be sought after a borrower’s loan default, a landlord waiver obtained prior to an initial advance of a loan can bring some added certainty to the realization process outside of a bankrup

    Filed under:
    Canada, Insolvency & Restructuring, Real Estate, Gowling WLG, Bankruptcy, Debtor, Collateral (finance), Landlord, Leasehold estate, Waiver, Consent, Personal property, Default (finance)
    Authors:
    Richard C. Dusome
    Location:
    Canada
    Firm:
    Gowling WLG
    Global enterprise signals global financial support direction
    2010-07-09

    Why has the Financial Support Direction (FSD) been issued?

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Gowling WLG, Share (finance), Legal personality, Unsecured debt, Interest, Market liquidity, Debt, Transfer pricing, Holding company, Subsidiary, Bénéfice
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Commercial insolvency-related amendments to the BIA and the CCAA
    2009-09-17

    Summary of Some of the Key Commercial Insolvency Related Amendments to the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act

    INTRODUCTION

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Gowling WLG, Wage, Bankruptcy, Promulgation, Constitutional amendment, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada), UK House of Commons
    Location:
    Canada
    Firm:
    Gowling WLG
    Mistaken release of security
    2008-11-05

    Facts

    In Andrew Fender (Administrator of FG Collier & Sons Limited) - v - National Westminster Bank Plc, a company went into administration. The administrator applied to the court to establish whether he had to treat NatWest bank as a secured or unsecured creditor of the company.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Debt, Mortgage loan, Deed, Liability (financial accounting), Public limited company, Secured creditor, Capital punishment, Unsecured creditor, NatWest
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    No consideration
    2007-07-18

    A husband and wife jointly owned their property. In matrimonial proceedings, the husband was ordered to transfer his interest in the property to the wife. Following his bankruptcy, the husband’s trustee applied to set aside the property transfer on the basis that it had been made at an undervalue, and the wife had given no consideration in money or money’s worth within the meaning of s339 of the Insolvency Act 1986. The wife contended that the fact that she had foregone ancillary relief claims was capable of amounting to consideration.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Gowling WLG, Bankruptcy, Interest, Consideration, Adoption, Marriage, Insolvency Act 1986 (UK), Trustee
    Location:
    United Kingdom
    Firm:
    Gowling WLG

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