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    The 2019 Legislative Amendments to the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act
    2019-11-15

    On November 1, 2019, major amendments to theBankruptcy and Insolvency Act (Canada) (the “BIA”) and the Companies’ Creditors Arrangement Act (Canada) (the “CCAA”) included in Bill C-97[1] and Bill C-86

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada
    Authors:
    Eduard Popov
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Canada’s Flexible Restructuring Framework
    2019-11-19

    DJ Miller, Thornton Grout Finnigan

    This is an extract from the 2020 edition of the Americas Restructuring Review, published by Global Restructuring Review. The whole publication is available here.

    In summary

    This chapter highlights the flexible nature of Canada’s restructuring regime, where creative solutions to novel and complex issues are welcomed by the judiciary.

    Filed under:
    Canada, Global, Insolvency & Restructuring, Litigation, Global Restructuring Review, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada, Global
    Firm:
    Global Restructuring Review
    Amendments to the CCAA, BIA and CBCA Now in Force
    2019-11-19

    The Act of Parliament that implemented the 2019 federal budget also included significant changes to Canada's principal corporate and restructuring statutes. These included changes to the Canada Business Corporations Act ("CBCA"), the Bankruptcy and Insolvency Act ("BIA") and the Companies Creditors' Arrangements Act ("CCAA").1 One of the reasons for the changes is to make insolvency proceedings more fair, transparent and accessible for workers and pensioners.2 The changes are now in effect and will have a significant impact on Canadian insolvency law and practice.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McMillan LLP, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada), Canada Business Corporations Act 1985
    Location:
    Canada
    Firm:
    McMillan LLP
    Firepower: Guidance on Whether Commissions Owed to Salespersons Are Held in Trust by a Business and Outside of Insolvency
    2019-11-19

    In Firepower Debt GP Inc. v.

    Filed under:
    Canada, USA, Ontario, Insolvency & Restructuring, Litigation, Real Estate, McCarthy Tétrault LLP
    Authors:
    Trevor A Courtis
    Location:
    Canada, USA
    Firm:
    McCarthy Tétrault LLP
    Alberta Court of Appeal Confirms Soundair Test
    2019-11-20

    On November 14, 2019, the Alberta Court of Appeal (the “ABCA”) released its decision in PricewaterhouseCoopers Inc. v. 1905393 Alberta Ltd. (“1905393 Alberta”),1 dismissing an appeal of an approval and vesting order made in the context of a receivership proceeding.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Royal Bank of Canada, Court of Appeal of Alberta
    Authors:
    Sam Babe
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Amendments to the CCAA and BIA in Force November 1, 2019
    2019-11-01

    On November 1, 2019, certain amendments to the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA) will come into force and have potentially far-reaching implications on the way in which restructuring and liquidation proceedings under those statutes are conducted.

    As described in further detail below, the amendments:

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Debtor, Executive compensation
    Authors:
    Pamela L. J. Huff , Kelly Bourassa , Chris Burr
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP
    Amendments to the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA)
    2019-11-01

    Today, amendments to the Bankruptcy and Insolvency Act (BIA)and the Companies’ Creditors Arrangement Act (CCAA), introduced to Parliament in April 2019 as Bill C-97, came into force. Certain of these amendments are likely to impact the usual flow of business among insolvency and restructuring professionals.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Fasken, Debtor, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Stuart Brotman , Aubrey Kauffman , Dylan A. Chochla , Daniel T. Richer
    Location:
    Canada
    Firm:
    Fasken
    Supreme Court May Consider Enforceability of Liquidated Damages
    2019-10-04

    On July 11, 2019, the Supreme Court of Canada (the SCC) granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32 [Chandos].

    Filed under:
    Canada, United Kingdom, Construction, Insolvency & Restructuring, Litigation, Bennett Jones LLP, House of Lords
    Authors:
    Brian P. Reid
    Location:
    Canada, United Kingdom
    Firm:
    Bennett Jones LLP
    The Priority of Unpaid Post-Filing Creditors in a CCAA Proceeding
    2019-10-15

    On August 27, 2019, Quebec's Court of Appeal overturned the Quebec Superior Court's decision to give post-filing claims priorities over secured creditors' claims, stating that section 11.01 of the CCAA does not give automatic priority to post-filing creditors.

    Background

    Filed under:
    Canada, Quebec, Banking, Insolvency & Restructuring, Litigation, Bennett Jones LLP, Debtor
    Authors:
    Kelsey J. Meyer
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Not Every Vote Matters: Non-Arm’s Length Parties During Proposals Under the Bankruptcy and Insolvency Act
    2019-10-18

    FT ENE Canada Inc. (“FECI”) was in the nanofibre business, and was a wholly owned subsidiary of Finetex ENE Inc. (“Finetex”). As a result of insolvency difficulties separate and apart from the Canadian business, Finetex was engaged in bankruptcy proceedings in Korea (its home jurisdiction). There was animosity between Finetex and the director of FECI.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Debtor
    Authors:
    Scott Pollock
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP

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