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    Insolvency litigation: year in review
    2025-12-18

    This past year has featured a diverse range of consequential, precedent-setting insolvency disputes across various industries, reflecting both the breadth of challenges facing Canadian businesses and the adaptability of Canada’s insolvency framework in resolving these issues. The most consequential decisions in which we have been involved are described below, alongside key takeaways for stakeholders participating in insolvency proceedings in 2026 and beyond.

    Filed under:
    Canada, USA, Insolvency & Restructuring, Litigation, Torys LLP, Glencore, PricewaterhouseCoopers, Valeo, Supreme Court of the United States, Ontario Superior Court of Justice
    Location:
    Canada, USA
    Firm:
    Torys LLP
    Lion Electric tests the limits of Directors’ and Officers’ releases under the Companies’ Creditors Arrangement Act
    2025-12-15

    The collapse of The Lion Electric Company and its affiliates (Lion Electric) has attracted considerable attention as a sign of potential trouble in Québec’s manufacturing and electric vehicle sectors1.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Torys LLP, Electric vehicle
    Authors:
    Julie Himo , Alec Angle , David Bish , Christopher Richter , John A. Fabello , Cristina Cosneanu
    Location:
    Canada
    Firm:
    Torys LLP
    Directors beware: Alberta Court of King’s Bench imposes personal liability for improper insider payments
    2025-12-02

    The Alberta Court of King’s Bench (the Court) has delivered an important decision in the insolvency proceedings of Wolverine Energy and Infrastructure Inc. (WEI), voiding insider payments and imposing personal liability on a former executive. The ruling highlights the significant risks associated with insider transactions during financial distress and clarifies how courts apply statutory remedies under the Bankruptcy and Insolvency Act (BIA), the Fraudulent Preferences Act (FPA), and the Statute of Elizabeth (SOE).

    Filed under:
    Canada, Alberta, Company & Commercial, Insolvency & Restructuring, Litigation, Torys LLP, Supreme Court of Canada
    Authors:
    Kyle Kashuba , Bilal Qureshi , Campbell Pickard
    Location:
    Canada
    Firm:
    Torys LLP
    To stake or not to stake: GP staking vs. alternative liquidity solutions
    2025-01-23

    Historically, a GP’s source of liquidity was self-generated. Whether through management fees or house carry, sources of cash for a sponsor came from within the sponsor’s structure. This, not surprisingly, places inherent limitations on the manager’s ability to grow the business, facilitate succession planning and achieve other strategic objectives.

    Filed under:
    Canada, Insolvency & Restructuring, Torys LLP, Private equity
    Authors:
    Danielle Kline (Traub) , Grace Mangusso
    Location:
    Canada
    Firm:
    Torys LLP
    Director under the Canada Business Corporations Act updates policy on plans of arrangements: insolvency law cannot override the corporate law requirements of that Act
    2024-08-09

    Insolvency proceedings under the Companies’ Creditors Arrangement Act (CCAA) are generally practical and solution-oriented. Creativity is rewarded and, if there is a conflict between insolvency law’s practical focus on achieving desirable commercial outcomes on the one hand, and the requirements—often technical in nature—under other statutes such as the Canada Business Corporations Act (CBCA) on the other, courts often apply insolvency law in a manner that gives priority to achieving those commercial outcomes.

    Filed under:
    Canada, Insolvency & Restructuring, Torys LLP, Insolvency
    Authors:
    David Bish , Mike Noel
    Location:
    Canada
    Firm:
    Torys LLP
    Ontario Court of Appeal finds stalking horse agreement’s lower purchase price gives debtor company automatic right of appeal in receivership
    2024-02-06

    Appeals under the Bankruptcy and Insolvency Act (BIA) generally result in an automatic stay of the order under appeal—a potentially costly and disruptive outcome. Accordingly, the BIA requires by default that an interested party first seek leave to appeal a lower court decision unless its appeal meets a set of prescribed circumstances that appears broad but, in practice, has been construed very narrowly by the courts (i.e., making it difficult to obtain leave to appeal). In Peakhill Capital Inc. v.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Torys LLP
    Authors:
    David Bish , Adam M. Slavens , Jeremy Opolsky , Mike Noel
    Location:
    Canada
    Firm:
    Torys LLP
    Sidecar vehicles: injecting liquidity and flexibility in a challenging fundraising environment
    2024-05-07

    Fund sponsors continue to face a challenging fundraising market and many are sensitive to increasing investor demand for liquidity. Higher interest rates and public market dislocation continue to make capital-raising difficult, while decreased fund distributions are limiting capital available for new commitments, leading investors to prioritize liquidity and invest cautiously.

    Filed under:
    Canada, Corporate Finance/M&A, Insolvency & Restructuring, Shipping & Transport, Torys LLP
    Authors:
    Lauren Hulme , Marco Pontello , Natalie Miller
    Location:
    Canada
    Firm:
    Torys LLP
    Alberta Court of King’s Bench warns: think twice before making unfounded claims against receivers
    2024-05-07

    The Court of King’s Bench of Alberta (the Court) recently revisited the stringent boundaries on the types of claims that can be brought against court-appointed officers. The decision in North v Davison, 2024 ABKB 242 (the Decision) highlighted the protective measures that courts employ to safeguard the integrity and function of receivership proceedings against unfounded or speculative claims. In the Decision, the Court struck down a counterclaim against Ernst & Young Inc.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Torys LLP, Receivership
    Authors:
    Kyle Kashuba , Bilal Qureshi
    Location:
    Canada
    Firm:
    Torys LLP
    Q2 | TORYS QUARTERLY - SPRING 2024: Governance in the zone of insolvency: what changes?
    2024-05-30

    Corporate governance practices are truly put to the test in two instances: 1) the commencement of litigation; and 2) entry into the zone of insolvency. The latter (distressed circumstances) increases the likelihood of the former (claims against directors and officers).

    When distressed circumstances do arise, it is critical to ensure that best practices are in place and adhered to. Often, there may be little time in a crisis to consider and adopt new governance practices given the speed at which events may unfold. Directors need to get it right, and quickly.

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Litigation, Torys LLP, Corporate governance, Insolvency
    Authors:
    David Bish
    Location:
    Canada
    Firm:
    Torys LLP
    Managing risk in insolvency: a guide to eligible financial contracts
    2023-08-03

    In insolvency proceedings, it can be difficult to navigate how to close out a transaction with an insolvent counterparty without suffering excessive collateral damage. One question that may arise in this process is whether a contract with the insolvent party can be relied upon. Canadian insolvency laws provide special treatment for a certain category of contracts called eligible financial contracts (EFCs).

    Filed under:
    Canada, Ontario, Alberta, Company & Commercial, Insolvency & Restructuring, Litigation, Torys LLP, Insolvency, Court of Appeal of Alberta
    Authors:
    Kyle Kashuba , Jessie Mann , William Stordy , Steve Williams
    Location:
    Canada
    Firm:
    Torys LLP

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