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    It’s Not Easy Without Green: Party Prevented From Continuing to Interfere in Bankruptcy Proceedings Due to Unpaid Costs Awards
    2025-02-03

    In Re Proex Logistics, 2025 ONSC 51, Justice Steele of the Ontario Superior Court of Justice (Commercial List) recently made a number of holdings related to the process for trustees accepting claims in a bankruptcy and other parties seeking to challenge those decisions. The Court held that:

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Ontario Superior Court of Justice, British Columbia Supreme Court
    Authors:
    Trevor A Courtis
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Construction insolvencies: Further guidance on construction liens and priming charges for insolvent contractors and their suppliers
    2024-08-29

    Introduction

    Filed under:
    Canada, Ontario, Construction, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Insolvency, Supreme Court of Canada, Ontario Superior Court of Justice
    Authors:
    Matthew Cressatti
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Creditors seeking enforcement of claims to a Mareva defendant must come with clean hands
    2024-04-01

    Mareva orders, also known as freezing orders, may be granted when there is a risk that a defendant might move its assets out of reach of the court’s jurisdiction. Mareva can orders freeze assets owned directly or indirectly by the defendants. Oftentimes a defendant subject to a freezing order has other creditors seeking repayment. Can a creditor enforce its claim against the frozen assets? Yes, but the creditor must come to the court with clean hands and should not make loans to the defendant if it has notice of the order.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Baker McKenzie, Due diligence
    Authors:
    Ahmed Shafey , Brendan O'Grady
    Location:
    Canada
    Firm:
    Baker McKenzie
    There’s Something About (Hail) Mary: Appeals of Sale Processes and Pre-Receivership Sale Agreements
    2024-02-07

    Court approval of a sale process in receivership or Bankruptcy and Insolvency Act (“BIA”) proposal proceedings is generally a procedural order and objectors do not have an appeal as of right; they must seek leave and meet a high test in order obtain it. However, in Peakhill Capital Inc. v.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP
    Authors:
    Trevor A Courtis , Meena Alnajar
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Ontario Court of Appeal finds stalking horse agreement’s lower purchase price gives debtor company automatic right of appeal in receivership
    2024-02-06

    Appeals under the Bankruptcy and Insolvency Act (BIA) generally result in an automatic stay of the order under appeal—a potentially costly and disruptive outcome. Accordingly, the BIA requires by default that an interested party first seek leave to appeal a lower court decision unless its appeal meets a set of prescribed circumstances that appears broad but, in practice, has been construed very narrowly by the courts (i.e., making it difficult to obtain leave to appeal). In Peakhill Capital Inc. v.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Torys LLP
    Authors:
    David Bish , Adam M. Slavens , Jeremy Opolsky , Mike Noel
    Location:
    Canada
    Firm:
    Torys LLP
    Court of Appeal summaries (January 15 - January 19)
    2024-01-20

    Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 15, 2024.

    Filed under:
    Canada, USA, Ontario, Banking, Company & Commercial, Derivatives, Family, Insolvency & Restructuring, Litigation, Real Estate, Blaney McMurtry LLP, Due diligence, Barclays, Commodity Futures Trading Commission (USA), FERC, HSBC, Bank of Nova Scotia, Competition Act 1985 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos , Ines Ferreira
    Location:
    Canada, USA
    Firm:
    Blaney McMurtry LLP
    Court of Appeal summaries (December 18-22)
    2023-12-23

    Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 18, 2023.

    Filed under:
    Canada, Ontario, Banking, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, Real Estate, Blaney McMurtry LLP, Due diligence, ESG, Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos , Ines Ferreira
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Just Smile and Waive: Ontario Court Affirms Receivers May Waive Solicitor-Client Privilege
    2023-12-04

    In the recent decision of Ontario Securities Commission v Go-To Developments Holdings Inc et al, 2023 ONSC 5921 (“Go-To Developments”), the Court affirmed a receiver’s ability to control solicitor-client privilege in order to perform their mandate. The Court specifically considered whether a receiver could access email correspondence between the principal of the companies under receivership and other interested parties.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Legal Practice, Litigation, Fasken, Attorney-client privilege, Ontario Securities Commission, Court of Appeal of Alberta
    Authors:
    Jessica Cameron , Kaitlyn Wong , Tom Kusch
    Location:
    Canada
    Firm:
    Fasken
    Attacking fraudulent conveyances: What is the time limit?
    2023-10-10

    In Bank of Montreal v. Iskenderov, 2023 ONCA 528, the Ontario Court of Appeal held that actions to set aside a conveyance under section 2 of the Fraudulent Conveyances Act are subject to the basic two-year limitation period under the Limitations Act, 2002 – not the ten-year period prescribed by section 4 of the Real Property Limitations Act.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Bank of Montreal Financial Group, Bankruptcy and Insolvency Act 1985 (Canada), Limitations Act 2002 (Canada), Court of Appeal for Ontario
    Authors:
    Fraser Mackinnon Blair
    Location:
    Canada
    Firm:
    Dentons
    A roadmap to litigation and debt collection in Ontario
    2024-07-12

    Welcome to our guide on navigating legal procedures in Ontario. Whether you're a local business or a foreign entity operating in the province, understanding the legal landscape is essential for protecting your interests.

    The complexities of litigation and debt collection can be daunting, but with the right insights and preparation, you can confidently manage these challenges. Let's explore the essentials.

    Understanding the basics

    Filed under:
    Canada, Ontario, Company & Commercial, Insolvency & Restructuring, Litigation, Gowling WLG, Insolvency, Ontario Superior Court of Justice
    Authors:
    Louis A. Frapporti , Kevin Kolumbus
    Location:
    Canada
    Firm:
    Gowling WLG

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