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    Bankrupt’s right to assert solicitor-client privilege is not absolute
    2016-02-02

    In Wong v. Luu, the British Columbia Court of Appeal upheld an order requiring the production of a redacted trust ledger to the bankruptcy trustees for Luu Hung Viet Derrick (“Luu”) on the grounds that the trust ledger was not presumptively privileged and that production would not violate the bankrupt’s right to communicate in confidence with his lawyers.

    Filed under:
    Canada, Insolvency & Restructuring, Legal Practice, Litigation, Baker McKenzie, Legal professional privilege
    Authors:
    Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
    Holding the black bag: Personal health information and bankruptcy proceedings
    2016-02-10

    Introduction

    A recent decision of the Ontario Information and Privacy Commissioner (OPC) highlights the potentially broad application of the Personal Health Information Protection Act (PHIPA).1

    Filed under:
    Canada, Ontario, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, Gowling WLG
    Authors:
    Mark Hines
    Location:
    Canada
    Firm:
    Gowling WLG
    Court of Appeal Summaries (February 16-19, 2016)
    2016-02-19

    Hello again.

    Most of the Court of Appeal civil decisions this week were procedural in nature.  Topics included the standard of review of discretionary orders (deference), municipal law, leave to appeal and stays pending appeal in the CCAA context and the consolidation of appeals to the Court of Appeal as of right with Divisional Court appeals requiring leave.

    Have a nice weekend.

    Table of Contents

    Civil Decisions

    Pickering (City) v. Slade, 2016 ONCA 133

    Filed under:
    Canada, Ontario, Arbitration & ADR, Crime, Insolvency & Restructuring, Litigation, Real Estate, Blaney McMurtry LLP, Standard of review
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Ontario Court of Appeal confirms bondholders not entitled to post-petition interest
    2015-12-18

    The Ontario Court of Appeal (Court) recently affirmed the decision of the Ontario Superior Court of Justice in Nortel Networks Corporation (Re) (Nortel),[1] that the “interest stops” rule applies in proceedings unde

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Bond (finance), Interest, Court of Appeal for Ontario
    Authors:
    John J. Salmas , Sara-Ann Van Allen
    Location:
    Canada
    Firm:
    Dentons
    Limits of Relief for Lessors under the Surface Rights Act when an Operator has been Assigned into Bankruptcy
    2015-12-22

    This Fall the Alberta Surface Rights Board (the “Board”) Panel issued its decision in Lemke v Petroglobe Inc, 2015 ABSRB 740. The Panel decided that it did not have authority to proceed with a claim by a landowner for unpaid compensation that had accrued before the date that the operator was assigned into bankruptcy.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Real Estate, Borden Ladner Gervais LLP, Bankruptcy, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Michael A. Marion , Andrew Pozzobon
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Court of Appeal confirms the "interest stops rule" applies in CCAA proceedings
    2015-11-17

    On October 13, 2015, the Ontario Court of Appeal (the "Court of Appeal") upheld1 a CCAA judge's decision that the "interest stops rule" applies in CCAA proceedings, which significantly limits unsecured creditors' ability to recover interest accrued after the date of a debtor's insolvency.

    Background

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, McMillan LLP, Debtor, Interest, Court of Appeal of England & Wales
    Location:
    Canada
    Firm:
    McMillan LLP
    The SCC monitor (27/11/2015)
    2015-11-27

    A Commentary on Recent Legal Developments by the Canadian Appeals Monitor

    Since our last post, the Supreme Court has released a significant trilogy of judgments involving issues of federal paramountcy and the Bankruptcy and Insolvency Act (the “BIA”).

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Ryann Atkins
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    The Supreme Court of Canada confirmed today the paramountcy of the Bankruptcy and Insolvency Act over license denial regimes
    2015-11-30

    November 2015 Financial Services Bulletin The Supreme Court of Canada Confirmed Today the Paramountcy of the Bankruptcy and Insolvency Act over License Denial Regimes The Supreme Court of Canada (“SCC”) released today its much awaited decision in 407 ETR,1 in which it upheld the decision of the Ontario Court of Appeal, and ruled that Section 22(4) of the Highway 407 Act is constitutionally inoperative to the extent that it is used to enforce a provable claim that has been discharged pursuant to section 178(2) of the Bankruptcy and Insolvency Act.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McMillan LLP, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    McMillan LLP
    Stopping the revolution in its tracks: the Supreme Court of Canada decides Lemare Lake Logging Ltd. v. 3L Cattle Company Ltd.
    2015-12-01

    On November 13, 2015, the Supreme Court rendered its decision in Lemare Lake Logging Ltd. v.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Real Estate, Miller Thomson LLP, Supreme Court of Canada
    Authors:
    David G. Gerecke
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Trustee Cannot Disclaim Bankrupt Landlord’s Lease
    2015-12-03

    In Aventura2, a recent decision of the Ontario Superior Court of Justice (Commercial List) (the “Court”), the Honourable Justice Penny confirmed that a bankruptcy trustee does not have the authority, pursuant to section 30(1)(k) of the Bankruptcy and Insolvency Act (the “BIA”), to disclaim a lease on behalf of a bankrupt landlord. Rather, a trustee’s authority to disclaim a lease is limited to situations where the bankrupt is the tenant.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Real Estate, Aird & Berlis LLP | Aird & McBurney LP, Bankruptcy, Trustee
    Authors:
    Ian Aversa , Jeremy Nemers
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP

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