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    Court compels examination under BIA notwithstanding self-incrimination objection
    2010-03-31

    In Rieger Printing Ink Co, 2009 WL 477541 (Ont S.C.J. [Commercial]), the Ontario Superior Court of Justice dealt with a party's right to protection against selfincrimination in relation to an examination held under section 163 of the Bankruptcy and Insolvency Act, R.S.C., 1985 c. B-3 ("BIA").

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Discovery, Legal burden of proof, Freedom of speech, Bankruptcy and Insolvency Act 1985 (Canada), Canadian Charter of Rights and Freedoms, Trustee, Chief financial officer, Supreme Court of Canada, Ontario Superior Court of Justice
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    SCC confirms no crown priority for unremitted GST/QST in a bankruptcy
    2009-12-10

    On October 30, 2009, the Supreme Court of Canada released its long-anticipated decision in Quebec (Revenue) v. Caisse populaire Desjardins de Montmagny. At issue in this case (and two companion cases) was the legal characterization of Crown rights with respect to collected but unremitted GST and Quebec sales tax (QST) in the hands of a trustee in bankruptcy. The Supreme Court confirmed that the Crown is an ordinary unsecured creditor with respect to such amounts, subject to the rights of prior ranking security holders.

    Summary of Facts

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Norton Rose Fulbright, Bankruptcy, Accounts receivable, Excise, Tax deduction, Secured creditor, Goods and services tax (Canada), Unsecured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of the United States, Supreme Court of Canada, Quebec Court of Appeal
    Authors:
    Barry N. Segal , Virginie Gauthier
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP
    Supreme Court of Canada denies priority to revenue Québec for bankrupt’s unremitted sales taxes
    2010-01-07

    On October 30, 2009, the Supreme Court of Canada issued its much awaited decision regarding Revenue Quebec's creative "owenership" claim over the tax portions of a bankrupt's accounts recievable.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McMillan LLP, Supreme Court of Canada
    Location:
    Canada
    Firm:
    McMillan LLP
    Set-off or security interest? Supreme Court’s expansion of enhanced federal deemed trust provisions raises some troubling issues
    2009-10-29

    Caisse Populaire Desjardins de l’Est de Drummond v. Canada, 2009 SCC 29

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, McMillan LLP, Income tax, Personal property, Maturity (finance), Unemployment benefits, Line of credit, Secured creditor, Canada Revenue Agency, Income-Tax Act 1961 (India), Supreme Court of Canada, Federal Court (Canada)
    Authors:
    Robert M. Scavone
    Location:
    Canada
    Firm:
    McMillan LLP
    Supreme Court of Canada rules that the CRA has no claim on the GST component of a bankrupt’s accounts receivable
    2009-10-30

    The Supreme Court of Canada ruled that bankruptcy trustees, receivers and secured creditors can continue to collect the full amount of accounts receivable of a bankrupt supplier, including the Goods and Services Tax (GST) component, even if an amount remains owing by the supplier to the Canada Revenue Agency (CRA).

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Dentons, Bankruptcy, Debtor, Unsecured debt, Accounts receivable, Debt, Secured creditor, Goods and services tax (Canada), Goods and Services Tax (New Zealand), Canada Revenue Agency, Supreme Court of Canada
    Authors:
    Roger P. Simard
    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
    Court denies request for a sealing order for transcript of Section 163(1) examination under the Bankruptcy and Insolvency Act
    2009-04-17

    In the recent decision of Re Rieger Printing Ink Co., Justice Pepall of the Ontario Superior Court of Justice (Commercial List) considered the right to protection against selfincrimination in a Section 163 examination conducted under the Bankruptcy and Insolvency Act (the "BIA").

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Discovery, Constitutionality, Bankruptcy and Insolvency Act 1985 (Canada), Canadian Charter of Rights and Freedoms, Trustee, Chief financial officer, Supreme Court of Canada
    Authors:
    Roger Jaipargas
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Rights of trustees in bankruptcy and secured creditors to licenses held by a debtor
    2009-04-28

    The Supreme Court of Canada recently released its decision in Saulnier v. Royal Bank of Canada1 ("Saulnier"), an important case involving fishing licences in the context of a secured lending transaction and an assignment in bankruptcy. This case contains what we believe is significant commentary on classifying certain governmental licences as "property" under the Bankruptcy and Insolvency Act (Canada) (the "BIA") and "personal property" under the Personal Property Security Act (Nova Scotia) (the "Nova Scotia PPSA").

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Debtor, Interest, Consideration, Personal property, Secured creditor, Tangible property, Royal Bank of Canada, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, Supreme Court of Canada
    Authors:
    Shane B. Pearlman
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Licences as property or collateral
    2009-03-10

    The recent decision of the Supreme Court of Canada in Saulnier (Receiver of) v. Saulnier has changed the basis for determining whether a licence is property under a provincial Personal Property Security Act (“PPSA”) and the federal Bankruptcy and Insolvency Act (“BIA”).

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McMillan LLP, Bankruptcy, Interest, Secured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Personal Property Security Act 1990 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    David E. Thring
    Location:
    Canada
    Firm:
    McMillan LLP
    Application in Canada of the U.S. doctrine of equitable subordination
    2009-02-18

    The U.S. doctrine of equitable subordination (as now set out in the U.S. Bankruptcy Code) allows a U.S. court to subordinate all or part of a creditor's claim to the claims of other creditors if the creditor has engaged in inequitable conduct that gives the creditor an unfair advantage or is injurious to the other creditors. Will the Canadian courts apply the doctrine?

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Secured creditor, Title 11 of the US Code, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Dentons

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