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    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
    Certainty of intention must be clear for trust claims to prevail over secured creditors
    2016-03-30

    Trust claims against a borrower’s assets are something that no secured creditor wants to be confronted with. Such claims are often unexpected because they are, for the most part, undetectable. They lurk in the shadows, out of the reach of traditional due diligence measures and PPSA searches. As a result, even the most prudent of creditors can sometimes find themselves facing these undocumented and unquantifiable claims.

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Secured creditor, Ontario Securities Commission
    Authors:
    Jeremy Hourigan , Kelby Carter
    Location:
    Canada
    Firm:
    Gowling WLG
    Production of documents from court-appointed receivers
    2013-01-29

    Introduction
    Receivership and OSC proceeding
    Production by court-appointed receivers
    Not the right forum
    Comment


    Introduction

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Ontario Securities Commission, Court of Appeal for Ontario
    Authors:
    Norm Emblem , Chloe A. Snider
    Location:
    Canada
    Firm:
    Dentons
    New bankruptcy law amendments may impact securitization
    2009-11-23

    On September 18, 2009, a number of amendments to Canada's Bankruptcy and Insolvency Act (BIA) and Companies Creditors Arrangement Act (CCAA) came into force. The amendments were passed in 2005 and 2007 but, aside from a few provisions that became effective in July 2008, the amendments sat dormant, awaiting proclamation into force. Pursuant to Order in Council P.C. 2009-1207, almost all of these amendments have now been brought into force. Some of these provisions will be of interest to participants in the securitization market.

    Filed under:
    Canada, Insolvency & Restructuring, Securitization & Structured Finance, Stikeman Elliott LLP, Debtor, Security (finance), Interest, Over-the-counter (finance), Personal property, Contract for difference, Ontario Securities Commission, Bank of Canada, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada
    Authors:
    Mark E. McElheran , Philip J. Henderson
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    Supreme Court of Canada decision impacts Securities Commissions’ ability to collect from bankrupt transgressors
    2024-08-01

    On July 31, 2024, the Supreme Court of Canada released its decision in Poonian v. British Columbia (Securities Commission), on whether financial sanctions imposed by securities regulators are dischargeable through bankruptcy. The decision resolves a conflict between Alberta and B.C. jurisprudence and will have a significant impact on the treatment of all administrative orders in bankruptcy proceedings.

    The facts

    Filed under:
    Canada, Ontario, Alberta, Capital Markets, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Ontario Securities Commission, Alberta Securities Commission, Supreme Court of Canada, Court of Appeal of Alberta, British Columbia Supreme Court
    Authors:
    Lawrence E. Ritchie , Teresa Tomchak , Shawn Irving , Simon Cameron
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
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