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    No Builders’ Lien Act (Alberta) deemed trust in bankruptcy
    2014-06-18

    In its June 11, 2014 decision in Iona Contractors Ltd. (Re), 2014 ABQB 347 (“Iona Contractors”), the Court of Queen’s Bench of Alberta (the “Alberta  QB”)  held that the trust created by section 22  of  the  Builders’ Lien Act (Alberta) is not effective in the bankruptcy of a would-be trustee debtor. This result  is  consistent with, but reached completely independently of, the recent Ontario  Superior Court  of Justice  (Commercial List) decision in Royal Bank of Canada v. Atlas Block Co.

    Filed under:
    Canada, Alberta, Construction, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Statutory interpretation, Supreme Court of Canada
    Authors:
    Sam Babe
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Comments on the Supreme Court of Canada’s landmark insolvency decision in Ted LeRoy Trucking
    2011-05-20

    The Supreme Court of Canada decision in Century Services Inc. v. Canada (Attorney General), which arose from the restructuring proceedings of Ted LeRoy Trucking Ltd. and was released on December 6, 2010, is a landmark decision in Canadian insolvency law.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Debtor, Statutory interpretation, Debt, Liquidation, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of the United States, Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    Kevin P. McElcheran , Heather L. Meredith
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Century Services Inc. v. Canada (Attorney General)
    2011-01-26

    2010 SCC 60 (Released 16 December 2010)

    Bankruptcy and Insolvency – Companies’ Creditors Arrangement Act – Priorities

    In the first decision of the Supreme Court of Canada considering the Companies’ Creditors Arrangement Act (“CCAA”), the court discusses the principles of interpretation for the CCAA. Apart from its importance in that respect, the decision is also of interest for its discussion of statutory interpretation, particularly with respect to statutory amendments.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, WeirFoulds LLP, Bankruptcy, Debtor, Statutory interpretation, Excise, Liquidation, Dissenting opinion, Vesting, Beneficial interest, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of England & Wales, Supreme Court of Canada
    Authors:
    Mandy L. Seidenberg
    Location:
    Canada
    Firm:
    WeirFoulds LLP
    The Century Services case - getting the Crown's priorities straight
    2011-02-18

    Introduction

    The decision of the Supreme Court of Canada last month in Century Services Inc. v. Canada1 is of striking interest to the tax and insolvency bars. The Court considered Crown priorities, in particular, the various “deemed trust” provisions found in section 227 of the Income Tax Act (Canada),2 section 86 of the Employment Insurance Act,3 section 23 of the Canada Pension Plan (the “CPP”)4 and in particular section 222 of the Excise Tax Act (GST Portions).5

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Dentons, Bankruptcy, Debtor, Statutory interpretation, Income tax, Withholding tax, Liquidation, Tax deduction, Unemployment benefits, Secured creditor, Canada Pension Plan Act 1985, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Dentons
    Secured claims in proposal proceedings
    2008-08-11

    In the recent decision of Re WorkGroup Designs Inc.,1 the Ontario Court of Appeal considered the provisions of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the "BIA") which relate to valuing and determining the claims of secured creditors in proposal proceedings under the BIA.

    Background

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Unsecured debt, Statutory interpretation, Liquidation, Secured creditor, Royal Bank of Canada, Canada Revenue Agency, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, Court of Appeal for Ontario, Ontario Superior Court of Justice, Court of Appeal of Singapore
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    What happens to direct life insurances in the event of an employer’s insolvency in Germany?
    2010-09-30

    The Federal Labour Court has ruled on the fundamental issue of who will be entitled to the rights under a life insurance policy concluded by the employer in the employee’s favour in the event that an employment relationship comes to an end in the course of the employer’s insolvency proceeding.

    Filed under:
    Germany, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Litigation, Herbert Smith Freehills LLP, Statutory interpretation, Beneficiary, Life insurance, Vesting, US Senate, Supreme Court of the United States, Federal Labour Court of Germany
    Authors:
    Ian Gault , Daniel Schaffer , Alison Brown , Roderick Morton
    Location:
    Germany
    Firm:
    Herbert Smith Freehills LLP
    Strategic Value Master Fund Ltd v Ideal Standard International Acquisition S.A.R.L. (England, High Court, 4 February 2011)
    2011-04-01

    Clauses common in syndicated facility agreements were considered and construed in favour of the majority lenders:

    -- Strategic Value Master Fund Ltd v Ideal Standard International Acquisition S.A.R.L. (England, High Court, 4 February 2011)

    This case involved an examination of clauses common to syndicated facility agreements. The agreement here was based on the LMA standard.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, WongPartnership LLP, Statutory interpretation, Broadcast syndication
    Location:
    United Kingdom
    Firm:
    WongPartnership LLP
    ISDA Master Agreement: High Court interprets Section 2(a)(iii)
    2011-02-18

    Introduction

    For all of the legal difficulties which market participants are facing in light of the insolvency of Lehman Brothers, the insolvency is providing the Courts with the opportunity to pass judgment on many of the tricky provisions of the 1992 and 2002 versions of the ISDA Master Agreement (together the "Agreements").

    Filed under:
    United Kingdom, Derivatives, Insolvency & Restructuring, Litigation, Reed Smith LLP, Contractual term, Condition precedent, Statutory interpretation, Concession (contract), Default (finance), International Swaps and Derivatives Association, Lehman Brothers
    Authors:
    Paul M. Dillon , Nicholas Horsfield
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Lehman/Nortel judgment: pension scheme is “supercreditor”
    2010-12-21

    The High Court has decided that financial support directions can be issued against insolvent companies as well as solvent ones.

    The administrators of 20 insolvent companies in the Lehman Brothers and Nortel groups had argued that the Pensions Regulator’s Determinations Panel had no legal power to determine that it would be reasonable to issue FSDs against these companies. The High Court disagreed and decided:

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Nabarro LLP, Unsecured debt, Statutory interpretation, The Pensions Regulator (UK), Lehman Brothers
    Authors:
    Ian Greenstreet
    Location:
    United Kingdom
    Firm:
    Nabarro LLP
    Incorporate amended legislation
    2009-09-15

    In the case of William Hare Ltd v Shepherd Construction Ltd [2009] EWHC 1603 (TCC) (25 June 2009), the court declined to incorporate amendments made to an Act before the contract was signed which were not specifically referred to in the contract.

    The facts

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Gowling WLG, Statutory interpretation, Withholding tax, Best practice, Constitutional amendment, Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Authors:
    David Lowe
    Location:
    United Kingdom
    Firm:
    Gowling WLG

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