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    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, Dissenting opinion, Secured creditor, Goods and services tax (Canada), Unsecured creditor, Supreme Court of Canada, Federal Court of Appeal (Canada)
    Authors:
    Lisa Hiebert , Robyn Gurofsky , Braek Urquhart
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Chambre de la sécurité financière v. Thibault 2016 QCCA 1691
    2016-12-14

    Does a fine imposed on a debtor by the disciplinary committee of the Chambre de la sécurité financière after the date of the debtor's bankruptcy constitute a provable claim pursuant to section 121(1) of the Bankruptcy and Insolvency Act (the "BIA")?

    Introduction

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Bankruptcy discharge, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Kevin Mailloux , Roger Jaipargas
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Case summary: Yukon Zinc Corporation (Re), 2015 BCSC 836
    2015-07-14

    The recent British Columbia Supreme Court decision in Yukon Zinc Corporation (Re), 2015 BCSC 836, provides some rare insight into the operation of provincial “miners lien” legislation in an insolvency context.

    Background

    Filed under:
    Canada, British Columbia, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, British Columbia Supreme Court
    Authors:
    Dionysios Rossi
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Dealing with Indalex
    2012-02-23

    In January and February of 2012, Justice Morawetz of the Ontario Superior Court of Justice (Commercial List) released two decisions1 in which he authorized a debtor-in-possession (“DIP”) financing charge, an administration charge, and a directors and officers (“D&O”) charge ranking ahead of, among other claims, possible pension deemed trusts over the objection of the debtor companies’ unions and on notice to the members of the companies’ pension administration committees.

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Debtor, Supreme Court of Canada
    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
    Review of recent Québec Court of Appeal decisions on consumer protection
    2022-05-04

    Consumer law in Québec remains in constant evolution, and the Consumer Protection Act (CPA) continues to be the subject of many court decisions each month.

    In this new article in our series on consumer law, we present recent developments in this area from the perspective of Québec Court of Appeal decisions over the past 12 months, which shed some light on the rules of the CPA.

    Filed under:
    Canada, Quebec, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, Litigation, Telecoms, Borden Ladner Gervais LLP, Bankruptcy, Consumer protection, Quebec Court of Appeal
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    SCC opens doors to litigation funding in insolvency proceedings
    2020-05-15

    On May 8, 2020, the Supreme Court of Canada (SCC) released its reasons for the decision rendered in 9354-9816 Québec Inc. et al. v. Callidus Capital Corporation, et al on January 23, 2020. The SCC unanimously allowed the appeal from the Québec Court of Appeal’s decision, reinstating an order allowing third-party litigation funding in insolvency proceedings.

    Background

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP
    Authors:
    Josef G. A. Kruger
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Tipping the Scales: Ontario Court of Appeal Confirms the Primacy of Creditors’ Interests when Approving a Receiver’s Sale of Property
    2018-11-02

    One of the most delicate balancing acts that the Courts are asked to perform in Canada is balancing all of the disparate and competing interests in an insolvency process. The Ontario Court of Appeal was asked to review one iteration of this balancing act in Reciprocal Opportunities Incorporated v.

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Litigation, Real Estate, Borden Ladner Gervais LLP, Royal Bank of Canada, Court of Appeal for Ontario
    Authors:
    Scott Pollock
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    BC Supreme Court Holds that RDSP Funds Cannot Be Seized by Trustee-in-Bankruptcy for Payment to Creditors
    2016-11-18

    The Supreme Court of British Columbia made an order that the funds in a Registered Disability Savings Plan (RDSP) could not be seized by the Trustee-in-Bankruptcy of the bankrupt beneficiary to satisfy the claims of creditors.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Borden Ladner Gervais LLP
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Becoming a stalking horse in distressed energy M&A transactions
    2015-06-16

    What is a Stalking Horse?

    In the distressed M&A context, a stalking horse refers to a potential purchaser participating in a stalking horse auction who agrees to acquire the assets or business of an insolvent debtor as a going concern. In a stalking horse auction of an insolvent business, a preliminary bid by the stalking horse bidder is disclosed to the market and becomes the minimum bid, or floor price, that other parties can then outbid. 

    Filed under:
    Canada, Ontario, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Debtor
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP

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