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    Canadian energy oil and gas: Top 20 of 2020 - Judicial decisions
    2021-02-10

    Part 1

    Without question, the top story over the last year has been the COVID-19 pandemic and its tremendous ongoing effects felt across Canada and the world.

    This time has had a significant impact on Canada’s energy industry and many of the changes and developments that took place in 2020 will continue to influence trends, business decisions and the future growth of Canada’s energy industry in 2021.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Coronavirus
    Authors:
    Jessica Cameron , Jack Maslen , Tiffany Bennett
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Judgment Creditors Beware: The Impact of Limitation Periods on Section 38 BIA Claims
    2019-09-11

    On July 31, 2019, the Ontario Court of Appeal rendered its decision in Ridel v. Goldberg, clarifying the interplay of the various provisions of the Limitations Act, 2002 at play in circumstances where judgment creditors are allowed to take proceedings in their own name pursuant to an order under the Bankruptcy and Insolvency Act.

    The Facts

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Geneviève Fauteux , Christine Kucey
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    King of the Hill: A Priority Dispute between Lien Claimants and Secured Creditors in a Bankruptcy
    2018-03-16

    In Royal Bank of Canada v. A-1 Asphalt Maintenance Ltd. the Court was asked to determine the priority of claims in a bankruptcy between Royal Bank of Canada (the "Bank"), a secured creditor of the bankrupt, A-1 Asphalt Maintenance Ltd. ("A-1") and The Guarantee Company of North America (the "GCNA") a bond company that paid out 20 lien claims and was subrogated to those rights under the Construction Lien Act ("CLA").

    Filed under:
    Canada, Construction, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada), Royal Bank of Canada, KPMG
    Authors:
    Scott Pollock
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    IP Licence Provided Contractual Right, Not a Property Right in the Asset
    2016-10-12

    Golden Opportunities Fund Inc v Phenomenome Discoveries Inc, 2016 SKQB 306

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, Litigation, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Adrian J. Howard , Beverley Moore
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    The effect of on-going insolvency and restructuring proceedings on landowner claims for compensation before the Alberta Surface Rights Board
    2014-07-02

    ​The doctrine of federal paramountcy provides that where there is an inconsistency between validly enacted but overlapping provincial and federal legislation, the provincial legislation is inoperative to the extent of the inconsistency and the remainder of the provincial legislation is unaffected.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Real Estate, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Andrew Pozzobon
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Bank of Montreal v. Peri Formwork Systems Inc.
    2012-01-20

    In the recently released Judgment in Bank of Montreal v. Peri Formwork Systems Inc.1, the British Columbia Court of Appeal was called upon to decide whether a Monitor, under the Companies’ Creditors Arrangement Act (“CCAA”)2, or a Receiver, under the Builders Lien Act 3, could borrow monies to complete a development project in priority to claims of builder’s liens registered against the project.

    Filed under:
    Canada, British Columbia, Construction, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Limited partnerships and the CCAA
    2009-07-27

    In theMatter of Forest and Marine Financial Corporation (2009) BCCA 319, the British Columbia Court of Appeal was called upon to consider whether a limited partnership qualifies for protection under the Companies Creditors’ Arrangement Act (“CCAA”). The Court also considered whether, in the circumstances of the case, a stay of proceedings should have been issued with respect to the limited partnership.

    Filed under:
    Canada, British Columbia, Company & Commercial, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Debtor, Debt, Limited partnership, Refinancing, Secured creditor, Court of Appeal of England & Wales
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Newsletter | Finance and Restructuring | 2nd quarter 2019
    2019-07-26

    From July 21, the reform of rules on prospectuses, intended to establish a common rulebook across the EU to encourage financing through capital markets, will directly apply in Spain.

    Filed under:
    European Union, Spain, Banking, Insolvency & Restructuring, Real Estate, Tax, Mortgage loan, European Commission
    Location:
    European Union, Spain
    Q&A: The Effects of Financial Distress on Fiduciary Duties
    2020-06-25

    During this time of economic upheaval amidst the COVID-19 pandemic, many corporate borrowers are faced with the inability to service debt obligations, and creditors may seek to hold corporate officers and directors accountable as a result. In these uncertain times, it is wise to review the fiduciary duties of corporate directors and officers and the effects of financial distress on such duties.[1] The following Q&A provides guidance on this issue from a Delaware law perspective, as Delaware is the most commonly cited jurisdiction for corporate governance.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Corporate governance, Coronavirus
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Olive oil class action takes aim at owners of bankrupt company
    2014-06-26

    A class of consumers suing the bankrupt Kangadis Food Inc. over its allegedly misleading olive oil purity claims is now suing the owners of the company in a separate class action aimed at holding them accountable.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Product Regulation & Liability, Winston & Strawn LLP, Class action
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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