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
    Indalex two years later: underfunded pension liabilities in the financing context
    2014-12-23

    It’s been almost two years since the Supreme Court of Canada (SCC) decision in Indalex Ltd., Re.1 Currently, Canada’s lower courts are being challenged to interpret the decision in a variety of different contexts. The purpose of this article is to review the Indalex decision within the broader context of pre- and post-Indalex case law and to briefly comment on its impact in the lending marketplace. 

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Gowling WLG, Defined benefit pension plan, Supreme Court of Canada
    Location:
    Canada
    Firm:
    Gowling WLG
    Security on commercial licences: developments since the Saulnier case
    2012-06-27

    In 2008, the Supreme Court of Canada ruled in Saulnier5 that a commercial fishing licence constitutes ‘property’ within the context of the Bankruptcy and Insolvency Act (“BIA”) and the Nova Scotia PPSA6, thereby allowing the trustee in bankruptcy to seize the licence from the bankrupt.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Supreme Court of Canada, Trustee
    Location:
    Canada
    Firm:
    Gowling WLG
    British Columbia: broader scope for the wages priority claim
    2010-09-28

    Lenders should be aware that a broad definition of “wages” owing to employees of a borrower/customer in bankruptcy or receivership can take priority over what a lender might otherwise believe is its “first ranking charge” against the borrower.

    Filed under:
    Canada, British Columbia, Banking, Employment & Labor, Insolvency & Restructuring, Gowling WLG, Wage, Bankruptcy, Debtor, Health insurance, Unemployment benefits, Secured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada
    Authors:
    Mike Todd
    Location:
    Canada
    Firm:
    Gowling WLG
    Supreme Court of Canada: "Pre-post set-off rights can and should be stayed by an initial order"
    2021-12-16

    In 2017, the Quebec Court of Appeal had issued a decision in the matter of Arrangement relatif à Métaux Kitco inc., 2017 QCCA 268 ("Kitco") to the effect that the Companies' Creditors Arrangement Act (the "CCAA") prohibited the exercise of all rights of set-off between pre-filing and post-filing claims.

    Filed under:
    Canada, Quebec, Insolvency & Restructuring, Litigation, Supreme Court of Canada
    Authors:
    Virginie Gauthier
    Location:
    Canada
    Supreme Court of Canada confirms priority of court ordered charges in a CCAA proceeding
    2021-08-24

    On July 28, 2021, the Supreme Court of Canada (the "SCC") released its decision in Canada v Canada North Group Inc.[1] (2021 SCC 30) confirming that court-ordered super-priority charges ("Priming Charges") granted pursuant to the Companies' Creditors Arrang

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Gowling WLG, Companies' Creditors Arrangement Act 1933 (Canada), Supreme Court of Canada
    Authors:
    Virginie Gauthier , Kate Yurkovich
    Location:
    Canada
    Firm:
    Gowling WLG
    Supreme Court of Canada Bulletin - May 2020
    2020-05-08

    APPEAL ALLOWED

    9354-9186 Québec inc. v. Callidus Capital Corp., 2020 SCC 10

    Bankruptcy and insolvency   Discretionary authority of supervising judge in proceedings under Companies’ Creditors Arrangement Act    Appellate review of decisions of supervising judge

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Gowling WLG, Due diligence, Supreme Court of Canada
    Location:
    Canada
    Firm:
    Gowling WLG
    Supreme Court of Canada decision in “Redwater” clarifies the landscape for oil and gas industry in Alberta
    2019-02-01

    On January 31, 2019, the Supreme Court of Canada released its much-anticipated decision in Orphan Well Association et al. v. Grant Thornton Limited et al., 2019 SCC 5, commonly referred to as “Redwater”. Specifically, Redwater clarifies the priority as between environmental obligations and those afforded to secured creditors in insolvency proceedings.

    Filed under:
    Canada, Energy & Natural Resources, Insolvency & Restructuring, Litigation, DLA Piper, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal of Alberta
    Location:
    Canada
    Firm:
    DLA Piper
    Supreme Court of Canada decision in “Redwater” clarifies the landscape for oil and gas industry in Alberta
    2019-02-01

    On January 31, 2019, the Supreme Court of Canada released its much-anticipated decision in Orphan Well Association et al. v. Grant Thornton Limited et al., 2019 SCC 5, commonly referred to as “Redwater”. Specifically, Redwater clarifies the priority as between environmental obligations and those afforded to secured creditors in insolvency proceedings.

    Filed under:
    Canada, Energy & Natural Resources, Insolvency & Restructuring, Litigation, DLA Piper, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal of Alberta
    Authors:
    Carole J. Hunter , Ryan Algar
    Location:
    Canada
    Firm:
    DLA Piper
    Northstar Aerospace settles with the Ministry of the Environment for $4.75 million
    2013-11-15

    On October 28th, 2013 the Ministry of the Environment (“MOE”) and the former directors and officers of Northstar Aerospace Canada (“Northstar”) reached a $4.75 million settlement for the remediation of a property owned by Northstar in Cambridge, Ontario.

    Filed under:
    Canada, Ontario, Environment & Climate Change, Insolvency & Restructuring, Litigation, DLA Piper, Contamination, Environmental remediation, Supreme Court of Canada
    Location:
    Canada
    Firm:
    DLA Piper
    Sun Indalex Finance, LLC v United Steelworkers: remedial trusts in the commercial context
    2013-02-27

    The Supreme Court of Canada’s decision inSun Indalex Finance, LLC v United Steelworkers, 2013 SCC 6, has a number of implications for employers, pension plan administrators, as well as both secured and unsecured creditors.

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, DLA Piper, Beneficiary, Constructive trust, United Steelworkers, Court of Appeal of England & Wales, Supreme Court of Canada, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    DLA Piper

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 21
    • Page 22
    • Page 23
    • Page 24
    • Current page 25
    • Page 26
    • Page 27
    • Page 28
    • Page 29
    • …
    • 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