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    Court of Appeal confirms accounting firms may take on multiple mandates for the same company
    2017-06-14

    The Newfoundland and Labrador Court of Appeal recently confirmed that accounting/auditing firms may take on several mandates in respect of companies that may or do become insolvent inWabush Hotel Limited v Business Development Bank of Canada, 2017 NLCA 35 (“Wabush Hotel”), which was released on May 25, 2017.

    This case provides additional comfort to such firms that previous consulting or review engagement work will not prohibit them from acting in a receivership role in later insolvency proceedings.

    Background

    Filed under:
    Canada, Newfoundland and Labrador, Banking, Insolvency & Restructuring, Litigation, Stewart McKelvey, Conflict of interest, Bankruptcy, Debtor, Interest, Default (finance), Bank of Canada, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Joe Thorne , Meaghan McCaw
    Location:
    Canada
    Firm:
    Stewart McKelvey
    Why can't we be friends?: Lessons on corporate dissolution from Smith v. Hillier
    2016-05-30

    As joint owners of a business, what do you do when the business relationship falls apart? And what if one owner undermines the business in the process?

    In Smith v Hillier,3 Justice Paquette dealt with the situation that arises when a business relationship turns sour and the only two shareholders are at a standoff.

    Background

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Stewart McKelvey, Shareholder
    Authors:
    Joe Thorne
    Location:
    Canada
    Firm:
    Stewart McKelvey
    In the three certainties we trust: the status of Builders' Lien Act trust claims in bankruptcy
    2015-10-09

    Introduction

    Filed under:
    Canada, Nova Scotia, Insolvency & Restructuring, Litigation, Stewart McKelvey
    Authors:
    Jennifer Taylor
    Location:
    Canada
    Firm:
    Stewart McKelvey
    Atlantic Canada solvency relief update
    2013-02-14

    On February 13, 2013, the Nova Scotia Department of Labour and Advanced Education announced temporary solvency relief for private sector defined benefit pension plans that can be viewedhere. The measures allow employers up to 15 years to fund solvency deficiencies reported between January 3, 2011 and January 2, 2014, rather than the usual five year period.

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Stewart McKelvey, Defined benefit pension plan
    Authors:
    Level Chan , Ian Breneman
    Location:
    Canada
    Firm:
    Stewart McKelvey
    Supreme Court protects creditors and pension plan administrators / sponsors
    2013-02-01

    “Insolvency can trigger catastrophic consequences”.

    So begins the epic decision released this morning by the Supreme Court of Canada in Sun Indalex Finance, LLC v United Steelworkers, 2013 SCC 6 – a case that considers the impact of insolvency on the employee beneficiaries to a pension plan.

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Stewart McKelvey, Debtor in possession, Supreme Court of Canada
    Authors:
    Scott Campbell , Ian Breneman
    Location:
    Canada
    Firm:
    Stewart McKelvey
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