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    Supreme Court of Canada Rules in Favour of Lenders in Callidus
    2018-11-13

    In a 2017 judgment discussed here, the Federal Court of Appeal permitted the CRA to assert a claim against a secured creditor who had received a repayment from its borrower prior to bankruptcy when the borrower also owed unremitted GST obligations to the Crown.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, McCarthy Tétrault LLP, Supreme Court of Canada
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Doing Business in Canada 2017
    2017-05-03

    McCarthy Tétrault’s Doing Business in Canada provides a user-friendly overview of central aspects of the Canadian political and legal systems that are most likely to affect new and established business in Canada. The newest edition includes sections on: Immigration (at page 129); Employment (at page 151); and Dispute Resolution (at page 171).

    General guidance is included throughout the publication on a broad range of discussions. We also recommend that you seek the advice of one of our lawyers for any specific legal aspects of your proposed investment or activity.

    Filed under:
    Canada, Arbitration & ADR, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Franchising, Immigration, Insolvency & Restructuring, Intellectual Property, IT & Data Protection, Litigation, Product Regulation & Liability, Projects & Procurement, Real Estate, Tax, McCarthy Tétrault LLP
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Fiduciary Duties of Directors and Officers in the “vicinity of insolvency”
    2016-01-12

    Individuals who serve as directors or offices of public companies in Canada face an increasing amount of shareholder litigation and a complex web of legal and regulatory provisions that must be  managed, navigated and adhered to.  The challenge to directors only increases when the company is insolvent, on the eve of insolvency or otherwise in some form of financial distress.  If the insolvency is driven by a liquidity crisis the company may be hard-pressed to maintain day-to-day operations and preserve going concern value for stakeholder groups.  Alternatively, if the pr

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Shareholder, Fiduciary, Good faith
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Can money paid into court be used to discharge other liens?
    2012-03-19

    When a contractor pays money into court to discharge a lien of a sub-contractor, can that money only be used to discharge that lien holder’s claim?  Or is it available to pay the liens of all eventual lien holders?  In Canadian Western Bank v.

    Filed under:
    Canada, Construction, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Subcontractor, Canada Revenue Agency
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Do you have to sell to an insolvent purchaser?
    2008-06-30

    Given the state of the economy, it will not be a rare occurrence in the short term for a supplier to receive a request to sell and deliver further goods to a purchaser who has filed proceedings under the Companies Creditors Arrangement Act (CCAA) or Chapter 11 of the United States Bankruptcy Code — and who is already indebted for unpaid pre-filing sales.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Injunction, Debt, Supply chain, Precondition, Default (finance), United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    McCarthy Tétrault LLP
    Mining in the Courts, Vol. XI
    2021-03-09

    The highest profile duty to consult case this past year was the Federal Court of Appeal’s decision in Coldwater First Nation v. Canada (Attorney General), 2020 FCA 34, relating to the Trans Mountain Pipeline Expansion Project (TMX Project). This was a judicial review of the federal Cabinet’s decision to approve the TMX Project for the second time subject to numerous conditions. The TMX Project involves the twinning and expansion of an existing pipeline from Edmonton, Alberta to Burnaby, British Columbia.

    Filed under:
    Canada, Capital Markets, Company & Commercial, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Public, Tax, McCarthy Tétrault LLP
    Location:
    Canada
    Firm:
    McCarthy Tétrault 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
    Catch Me If You Can: The Court’s Jurisdiction to Annul Bankruptcies Commenced in Other Provinces
    2018-09-17

    In Arrangement relatif à Ferreira, 2018 QCCS 3891 (“Ferreira”), the Quebec Superior Court recently annulled an assignment in bankruptcy that had been filed in Ontario in an attempt to subvert bankruptcy proceedings already underway in Quebec.

    Filed under:
    Canada, Quebec, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Trevor A Courtis
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Court of Appeal upholds Redwater decision
    2017-04-25

    In a majority two to one decision released on April 24, 2017, the Alberta Court of Appeal has upheld the lower court ruling in Re Redwater Energy Corporation.

    Filed under:
    Canada, Alberta, Environment & Climate Change, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy and Insolvency Act 1985 (Canada), Alberta Energy Regulator, Court of Appeal of Alberta
    Authors:
    Sean F. Collins , Walker W. MacLeod , Pantelis Kyriakakis
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    CCAA Debtor in Possession Financing without “Adequate Protection”
    2016-01-12

    There are a number of similarities between restructuring legislation in Canada and the United States.  Each of Canada and the United States have adopted a form of the UNCITRAL Model Law Cross-Border Insolvency in order to facilitate cooperation and efficient administration of cases with an international component.  In Canada this has occurred through implementation of both Part XIII of the 

    Filed under:
    Canada, USA, Insolvency & Restructuring, McCarthy Tétrault LLP, Debtor, Debtor in possession
    Authors:
    Walker W. MacLeod
    Location:
    Canada, USA
    Firm:
    McCarthy Tétrault LLP

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