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    How much should directors and officers of insolvent companies pay for clean-ups?
    2013-06-21

    Background
    Whose fault was it?
    Comment

    Filed under:
    Canada, Insolvency & Restructuring, Heenan Blaikie LLP, Contamination, Environmental remediation
    Authors:
    Kenneth David Kraft
    Location:
    Canada
    Firm:
    Heenan Blaikie LLP
    Corporate criminal conviction as corporate death sentence? Court says companies can be fined into bankruptcy for workplace accidents
    2013-09-13

    On September 4, 2013, the Court of Appeal for Ontario released its decision in the sentence appeal in R. v. Metron Construction Corporation1 (“Metron”). Government prosecutors had appealed against the C$200,000 fine Metron received on July 13, 2012, after the company pleaded guilty to a charge of criminal negligence causing death.

    Filed under:
    Canada, Ontario, Employment & Labor, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, Criminal negligence
    Authors:
    Cheryl A. Edwards , Jeremy Warning , Daniel Mayer
    Location:
    Canada
    Firm:
    Heenan Blaikie LLP
    Pension plan members lose out in Supreme Court Indalex ruling
    2013-02-13

    Introduction
    Implications
    Facts
    Supreme Court decision
    Comment


    Introduction

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, Conflict of interest, Debtor, Fiduciary, Defined benefit pension plan, Supreme Court of Canada
    Authors:
    John J. Salmas , Kenneth David Kraft
    Location:
    Canada
    Firm:
    Heenan Blaikie LLP
    Secured lenders take note: supreme court releases <i>indalex</i> decision
    2013-02-22

    Introduction
    Summary
    Facts
    Supreme Court decision
    Comment


    Introduction

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, Debtor, Fiduciary, Beneficiary, Defined benefit pension plan, Supreme Court of Canada
    Authors:
    John J. Salmas , Kenneth David Kraft
    Location:
    Canada
    Firm:
    Heenan Blaikie LLP
    SCC reverses ONCA on major pension case: lenders and financiers breathe a sigh of relief
    2013-02-05

    On Friday, the Supreme Court of Canada handed down its decision in the landmark pension/insolvency case, Sun Indalex, LLC v. United Steelworkers. 

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, United Steelworkers, Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    Julie-Anne C.L Cardinal
    Location:
    Canada
    Firm:
    Heenan Blaikie LLP
    Indalex: Supreme Court of Canada decision released
    2013-02-11

    The Supreme Court of Canada (“SCC”) recently released its much-anticipated decision in the Indalex Limited (“Indalex”) proceedings under the Companies’ Creditors Arrangement Act (the “CCAA Proceedings”). The decision is important for secured lenders in the context of an insolvency proceeding (“DIP Lenders”) or outside of an insolvency proceeding (“secured lenders”).

    Filed under:
    Canada, Insolvency & Restructuring, Heenan Blaikie LLP, Fiduciary, Defined benefit pension plan, Companies' Creditors Arrangement Act 1933 (Canada), Supreme Court of Canada
    Authors:
    Kenneth David Kraft , John Salmas , Sara-Ann Van Allen
    Location:
    Canada
    Firm:
    Heenan Blaikie LLP
    Supreme Court balances insolvency and environmental protection regimes
    2013-01-25

    Introduction
    Facts
    Decision
    Dissenting decisions
    Comment


    Introduction

    Filed under:
    Canada, Environment & Climate Change, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, Environmental remediation, Supreme Court of Canada
    Authors:
    Kenneth David Kraft , John J. Salmas
    Location:
    Canada
    Firm:
    Heenan Blaikie LLP
    Superior Court of Justice refines factors to be considered when determining COMI
    2012-11-23

    Facts
    Ontario Superior Court of Justice decision

    Filed under:
    Canada, USA, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, Debtor, UNCITRAL
    Location:
    Canada, USA
    Firm:
    Heenan Blaikie LLP
    Evidence required for court appointment of receiver and 'quick-flip' sale
    2012-08-24


    A recent decision of the Ontario Superior Court of Justice (Commercial List) in 9-Ball Interests Inc v Traditional Life Sciences considered the evidence required from applicants seeking the appointment of a receiver and the approval of a 'quick-flip' sale of a debtor company's assets in circumstances where the debtor, secured party and proposed purchaser are related parties.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, Debtor, Secured creditor
    Location:
    Canada
    Firm:
    Heenan Blaikie LLP
    Court overrules right to oppose franchise agreement assignment in bankruptcy
    2012-04-13

    Introduction
    Facts
    Decision


    Introduction

    Filed under:
    Canada, Alberta, Franchising, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, Bankruptcy, Franchise agreement, Ford Motor Company, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of Alberta
    Authors:
    Caireen Hanert
    Location:
    Canada
    Firm:
    Heenan Blaikie LLP

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