Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Ontario Superior Court Lifts Stay to Allow Foreign Litigation to Proceed
    2018-02-28

    Urbancorp Inc., a large real estate development company involved in various projects in the Greater Toronto Area, became subject to proceedings under the Companies' Creditors Arrangement Act (the "CCAA") in April of 2016. Alan Saskin, Urbancorp's President and primary shareholder, filed a Notice of Intention to Make a Proposal (the "NOI") in his personal capacity under the Bankruptcy and Insolvency Act (the "BIA") shortly thereafter.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Companies' Creditors Arrangement Act 1933 (Canada), Ontario Superior Court of Justice
    Authors:
    Andrew Paterson
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Sino Forest-subordination of equity interests and collateral damage
    2012-08-14

    On 27 July 2012, Justice Morawetz of the Ontario Superior Court of Justice (Commercial List) released reasons for decision in the Sino-Forest CCAA case concerning the scope and effect of the 2009 amendments to the CCAA that subordinate “equity claims” to all other claims and provide that under a CCAA plan, no payment can be made in respect of equity claims until all other claims are paid in full.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Shareholder, Debtor, Interest, Underwriting
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Wind-Downs, Retainers and Releases: The Ontario Court of Appeal Decision in Trillium Motor World
    2017-07-06

    ​The Ontario Court of Appeal released its much anticipated decision on the appeals taken from the trial decision of Justice McEwen in Trillium Motor World Ltd. v. Cassels Brock & Blackwell LLP et al.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Law Firm Management, Litigation, Borden Ladner Gervais LLP, Conflict of interest, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Skyservice decision affirmed in Canada by the Ontario Court of Appeal
    2012-05-24

    On April 6, 2011, the Ontario Superior Court of Justice released its decision in the priority disputes between the lessors and aviation authorities resulting from the Skyservice receivership. The Court, in interpreting and applying the decisions in Canada 3000 and Zoom, raised the bar for lessors to defeat the seizure and detention rights of the aviation authorities in Canada.

    Filed under:
    Canada, Ontario, Aviation, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Suspension denied: ONCA confirms that automatic stay pending appeal does not suspend the limitation period
    2013-10-22

    The recent decision of the Ontario Court of Appeal in msi Spergel Inc. v. I.F. Propco Holdings (Ontario) 36 Ltd., 2013 ONCA 550 (“msi Spergel”) confirms that the Court will not suspend, extend or otherwise vary the general two-year limitation period under the Limitations Act, 2002 (the “Limitations Act”) unless there is express statutory authority to do so.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Statute of limitations, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Court of Appeal accepts Ontario jurisdiction despite forum selection clause for Germany
    2013-06-14

    During the spring of 2012, the Canadian Appeals Monitor posted a five-part series on the Supreme Court’s judgments in Van Breda, Black, and

    Filed under:
    Canada, Ontario, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Breach of contract, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    New priorities? The Ontario Superior Court applies Indalex and reaches a different result
    2012-02-13

    On February 2 and 9, 2012, the Ontario Superior Court released two decisions in the ongoing proceedings of Timminco Limited and Bécancour Silicon Inc. (together, the Timminco Entities) under the Companies’ Creditors Arrangement Act (CCAA) that further develop the law regarding pension claim priorities in insolvency proceedings.

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Debtor, Ontario Superior Court of Justice
    Authors:
    Mark Firman , James D. Gage
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Indalex priority case decided — Ontario Court of Appeal gives priority to pension plan deficiency over secured lenders
    2011-04-08

    This week, the Ontario Court of Appeal surprised many by deciding that in the context of the CCAA proceedings of Indalex, pension plan deficiency claims can have priority over security held by secured DIP lenders. The Court granted priority for the entire wind-up deficiency of two pension plans over the DIP lender’s security. If not reversed on appeal, the ruling creates a potential worst case scenario for secured lenders in Ontario and could affect availability of credit for all employers who provide defined benefit pension plans for their employees.

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Conflict of interest, Credit (finance), Debtor, Fiduciary, Stakeholder (corporate), Defined benefit pension plan, Parent company, Secured loan, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of England & Wales, Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    Kevin P. McElcheran
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Creativity in the courts: use of the CCAA to address asset-backed commercial paper crisis
    2008-10-31

    The Ontario Court of Appeal has approved a creative use of the Companies’ Creditors Arrangement Act (CCAA) designed to unfreeze the $32-billion Canadian market for asset-backed commercial paper (ABCP).

    As has been widely publicized, the Canadian ABCP market froze in August 2007 as a result of concerns in world credit markets arising from the US subprime mortgage crisis. After the market froze, a Pan-Canadian Investors Committee was formed to attempt to restructure it.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, McCarthy Tétrault LLP, Bond market, Secured loan, Companies' Creditors Arrangement Act 1933 (Canada), Royal Bank of Canada, Supreme Court of Canada, Court of Appeal for Ontario, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Sigh of Relief for Commercial Landlords: Letters of Credit Unaffected by a Tenant’s Bankruptcy
    2020-12-03

    The Ontario Court of Appeal, in 7636156 Canada Inc. (Re), 2020 ONCA 681 (“7636156”), recently affirmed the autonomy of documentary letters of credit as valid security for the obligations of a tenant under a commercial lease when that lease is disclaimed by the tenant or the tenant’s trustee in bankruptcy.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Real Estate, McCarthy Tétrault LLP, Bankruptcy, Court of Appeal for Ontario
    Authors:
    Alexander Steele
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 67
    • Page 68
    • Page 69
    • Page 70
    • Page 71
    • Page 72
    • Current page 73
    • Page 74
    • Page 75
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days