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    Court Clarifies the Scope of Responsibilities in a Bankruptcy when there is a Receiver and an Unauthorized Trustee Active at the Same Time
    2017-08-08

    In Royal Bank of Canada v. Casselman, three motions were brought before the Court. First, a continuation of a motion for approval and directions brought by the receiver. Second, a motion to allow counsel for the debtor to withdraw as lawyer of record. Third, a motion by the Sexton Group Ltd.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP
    Authors:
    Scott Pollock
    Location:
    USA
    Firm:
    Borden Ladner Gervais LLP
    Where do we go from here? Alberta Court approves renouncement of AER-licensed assets by Trustees and Receivers to avoid monetary environmental obligations
    2016-05-27

    The Alberta Court of Queen’s Bench has released its highly anticipated decision in Redwater Energy Corporation (Re), 2016 ABQB 278 (“Redwater”).

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Chidinma B. Thompson , Miles Pittman
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    ‘Peripheral’ administrative information about lawyer’s file presumptively privileged
    2013-03-19

    Morris Kaiser’s trustee in bankruptcy, Soberman Inc., thought it smelled a rat: while claiming to be impecunious, Kaiser appeared to be living a life of ‘some means’, which included trips to casinos in the US. Kaiser claimed he was drawing advances on the credit card of a buddy, Cecil Bergman, but the trustee suspected the whole thing was a front to shield Kaiser’s assets from his creditors.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Taking a second look at lessors’ risk in airline insolvencies in Canada
    2011-05-27

    On April 6, 2011, the Ontario Superior Court of Justice released its decision in the priority disputes between the lessors and aviation authorities resulting from the Skyservice receivership. The Court, in interpreting and applying the decisions in Canada 3000 and Zoom Airlines, may have raised the bar for lessors to defeat the seizure and detention rights of the aviation authorities in Canada.

    Filed under:
    Canada, Ontario, Aviation, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Environmental Law Review of Case Law and Legislative Developments March 2021
    2021-04-22

    Since our last update in October 2019, there have been many interesting developments in the area of environmental law. The COVID-19 pandemic, reconciliation with Indigenous peoples, and climate change were key topics that shaped judicial, legislative, and policy changes in British Columbia and across Canada. With respect to judicial developments, disputes over natural resource projects, contaminated sites, environmental prosecutions, as well as judicial review or appeal decisions arising from environmental regulatory bodies, brought many changes to the landscape of environmental law.

    Filed under:
    Canada, Environment & Climate Change, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Judicial review, Coronavirus
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Provincial Statutory Trusts in Insolvency Proceedings: The Guarantee Company of North America v. Royal Bank of Canada
    2019-02-14

    In the recent landmark decision of The Guarantee Company of North America v.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada), Royal Bank of Canada, Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    Geneviève Fauteux
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Wind-Downs, Retainers and Releases: The Ontario Court of Appeal Decision in Trillium Motor World
    2017-07-06

    ​The Ontario Court of Appeal released its much anticipated decision on the appeals taken from the trial decision of Justice McEwen in Trillium Motor World Ltd. v. Cassels Brock & Blackwell LLP et al.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Law Firm Management, Litigation, Borden Ladner Gervais LLP, Conflict of interest, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Ontario Court Refuses to Add Underwriters to Class Action against Bankrupt Issuer
    2016-05-03

    In a decision released April 27, 2016 in LBP Holdings Ltd. v. Allied Nevada Gold Corp., Justice Belobaba dismissed a motion by a representative plaintiff to add certain underwriters as defendants to a securities class proceeding. The defendant gold mining company, Allied Nevada, effected a secondary public offering financed as a "bought deal" by two underwriters.

    Filed under:
    Canada, Ontario, Capital Markets, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Class action, Underwriting
    Authors:
    Bevan Brooksbank
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    UK Supreme Court complicates international insolvencies
    2012-12-19

    The central question in Rubin v Eurofinance SA, [2012] UKSC 46, was whether the English courts ought to recognise the order or judgment of a foreign court to set aside transactions determined to be preferential or to have been at an undervalue, in circumstances where the defendant in the foreign proceedings was not present in the foreign jurisdiction or had not voluntarily submitted to its courts.

    Filed under:
    Canada, United Kingdom, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Comity, UK Supreme Court
    Location:
    Canada, United Kingdom
    Firm:
    Borden Ladner Gervais LLP
    Ontario Court of Appeal addresses PBA deemed trust and other pension issues in CCAA proceedings
    2011-04-21

    On April 7, 2011, the Ontario Court of Appeal released its judgment in theRe Indalex Limited case (Indalex).1 The decision addresses the interplay between the deemed trust provision in the Ontario Pension and Benefits Act (PBA)2 and the federal Companies’ Creditors Arrangement Act (CCAA),3 as well as the fiduciary duties of pension plan administrators in CCAA proceedings. Indalex is important for pension plan sponsors and administrators for a number of reasons:

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Fiduciary, Beneficiary, Liquidation, Title 11 of the US Code, Companies' Creditors Arrangement Act 1933 (Canada), United Steelworkers, Court of Appeal of England & Wales, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP

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