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    Ontario courts approve Magna plan of arrangement
    2010-11-12

    Introduction and Background

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Share (finance), Corporate governance, Shareholder, Board of directors, Legal burden of proof, Voting, Debenture, Bell Canada, Supreme Court of Canada, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Dentons
    What We’re Reading This Week [November 10, 2021]
    2021-11-10

    Whether—and in what circumstances—a debtor should pay creditors a make-whole premium continues to be litigated in bankruptcy courts. Last week, as reported by Bloomberg, Judge Dorsey (Delaware) ruled that the debtor – Mallinckrodt Plc – did not need to pay a make whole premium to first lien lenders in order to reinstate such obligations under the debtor’s chapter 11 plan.

    Filed under:
    Canada, USA, Ontario, Insolvency & Restructuring, Litigation, Mayer Brown, Supply chain, Coronavirus, Ontario Superior Court of Justice
    Authors:
    Sean T. Scott , Aaron Gavant
    Location:
    Canada, USA
    Firm:
    Mayer Brown
    The evolution of fraudulent conveyance – Indcondo v. Sloan
    2014-12-12

    On July 31, 2014, the Honourable Mr. Justice Penny of the Ontario Superior Court of Justice ruled in favour of the plaintiff in Indcondo Building Corporation v. Sloan (S.C.J.).

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Ahmed Shafey
    Location:
    Canada
    Firm:
    Baker McKenzie
    Ontario’s highest court affirms the concept of investigative receiverships, but with note of caution
    2015-06-11

    In Akagi v. Synergy Group (2000) Inc. (“Akagi“), the Ontario Court of Appeal set aside a series of ex parte orders made by Toronto’s Commercial List Court granting broad investigative powers to a court-appointed receiver.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
    Fraudulent Conveyance Claim flounders on procedural shores
    2018-06-28

    In Esfahani v. Samimi, 2018 ONCA 516 the Ontario Court of Appeal confirmed that a plaintiff pursuing a fraudulent conveyance or preference must recognize that the legal landscapes changes with a bankruptcy and that the effects of a bankruptcy filing cannot be ignored.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Real Estate, Baker McKenzie, Bankruptcy, Conveyancing, Court of Appeal for Ontario
    Authors:
    Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
    Canada: Construction Subcontractors to Gain New Protections in Insolvencies
    2018-03-29

    Recent legislative amendments in Ontario are intended to protect construction subcontractors from the claims of other creditors in the event of insolvency. They impose a new requirement to maintain written records for trust funds that will be in effect as of July 1, 2018.

    Filed under:
    Canada, Ontario, Construction, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Michael Nowina , Brendan O'Grady
    Location:
    Canada
    Firm:
    Baker McKenzie
    When should a fraudulent conveyance action be brought?
    2017-07-06

    In 2014, we reported on the Ontario Superior Court of Justice’s decision in Indcondo Building Corporation v. Sloan (“Indcondo“), which strengthened the position of plaintiffs seeking to set aside fraudulent conveyances in Ontario. In the Indcondo case, Mr.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Baker McKenzie, Fraud, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Baker McKenzie
    Same Facts, Different Badges - Sham Trusts and Fraudulent Conveyances
    2019-03-01

    In McGoey (Re), 2019 ONSC 80, Justice Penny of the Ontario Superior Court of Justice found trusts over two properties held by a bankrupt were void as shams. In his decision, Justice Penny noted that had he not found the trusts to be sham trusts, he would still have set them aside as fraudulent conveyances, making us ask: “what is the difference between a sham trust and a fraudulent conveyance?”

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, White Collar Crime, Baker McKenzie, Ontario Superior Court of Justice
    Authors:
    Ben Sakamoto , Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
    "Appropriate Means" in the Discoverability Analysis: Timing is Everything
    2019-09-17

    On August 30, 2019, the Ontario Superior Court of Justice handed down its decision in Doyle Salewski Inc. v Scott 2019 ONSC 5108.

    Although this lengthy decision covers many topics, one of interest relates to the "appropriate means" part of the discoverability analysis when a Trustee in Bankruptcy brings a claim for unjust enrichment.

    Background

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Becoming a stalking horse in distressed energy M&A transactions
    2015-06-16

    What is a Stalking Horse?

    In the distressed M&A context, a stalking horse refers to a potential purchaser participating in a stalking horse auction who agrees to acquire the assets or business of an insolvent debtor as a going concern. In a stalking horse auction of an insolvent business, a preliminary bid by the stalking horse bidder is disclosed to the market and becomes the minimum bid, or floor price, that other parties can then outbid. 

    Filed under:
    Canada, Ontario, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Debtor
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP

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