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    Enhancing lender priority over pension deficiencies in Canada in the post Indalex era - more guidance from the courts
    2014-03-27

    Enhancing lender priority over pension deficiencies in Canada in the post Indalex era - more guidance from the courts
    Three recent cases address open issues from the 2013 Indalex decision and point the way to strategies to limit financier exposure to pension deficiency priority

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Baker McKenzie, Debtor, Defined benefit pension plan, United Steelworkers, Supreme Court of Canada
    Location:
    Canada
    Firm:
    Baker McKenzie
    Quebec Court overturns federal pension deemed trust in Aveos CCAA
    2013-12-18

    In a November 20,2013 decision in the Companies Creditors’ Arrangement Act (the “CCAA”) proceedings of Aveos Fleet Performance Inc. and Aero Technical US, Inc.

    Filed under:
    Canada, Quebec, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, United Steelworkers, Companies' Creditors Arrangement Act 1933 (Canada), Supreme Court of Canada, Quebec Superior Court
    Authors:
    Sam Babe
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Supreme Court offers some financiers protection, creates new risks for others, in its decision on Sun Indalex, LLC v. United Steelworkers
    2013-06-03

    The Supreme Court of Canada, in a decision that has implications for borrowers and lenders alike, particularly where pension funds are involved, has raised some new hurdles for the country’s banks and their business customers and, at the same time, has bolstered protection for lenders of last resort who finance insolvent companies.

    The court’s decision in Sun Indalex Finance, LLC v. United Steelworkers, issued earlier this year, addresses critical questions in insolvency law regarding pension funds and DIP financing. 

    Filed under:
    Canada, Ontario, Banking, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Blaney McMurtry LLP, Debtor, Liquidation, Debtor in possession, United Steelworkers, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    John Polyzogopoulos , Varoujan Arman
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    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
    This week at the SCC
    2013-02-04

    The Supreme Court issued one judgment this week in a case of interest to Canadian businesses and professions.

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, United Steelworkers
    Authors:
    Anthony M.C. Alexander
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    SCC reverses ONCA on major pension case: lenders and financiers breathe a sigh of relief
    2013-02-05

    On Friday, the Supreme Court of Canada handed down its decision in the landmark pension/insolvency case, Sun Indalex, LLC v. United Steelworkers. 

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, United Steelworkers, Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    Julie-Anne C.L Cardinal
    Location:
    Canada
    Firm:
    Heenan Blaikie LLP
    Give this post superpriority – Supreme Court decides Sun Indalex Finance, LLC v. United Steelworkers
    2013-02-05

    Introduction

    The Supreme Court has issued its much-anticipated decision in Sun Indalex Finance, LLC v. United Steelworkers.

    Filed under:
    Canada, Banking, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Conflict of interest, Debtor, Fiduciary, Beneficiary, United Steelworkers, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
    Authors:
    Ronald Podolny , Mark Firman
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Indalex: DIP lenders smile, ABLs frown and directors are perplexed
    2013-02-06

    On February 1, 2013, the Supreme Court of Canada released its decision in Sun Indalex Finance, LLC v. United Steelworkers[1]. The ruling:

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Fasken, Fiduciary, Debtor in possession, Constructive trust, United Steelworkers, Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    Jon Levin , Aubrey Kauffman , Dylan A. Chochla
    Location:
    Canada
    Firm:
    Fasken
    Indalex: appeal allowed, but ...
    2013-02-07

    On February 1, 2013, the Supreme Court of Canada (SCC) released its decision in Sun Indalex Finance, LLC v. United Steelworkers (Re Indalex). With respect to one critical issue,the SCC confirmed that a court-ordered debtor-in-possession (DIP) charge had priority over a deemed trust (akin to a statutory security interest) securing the debtor's obligation to fund a pension wind-up deficiency on the wind-up of a defined benefit (DB) pension plan.

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Debtor, Liquidation, United Steelworkers, Bankruptcy and Insolvency Act 1985 (Canada), Personal Property Security Act 1990 (Canada), Supreme Court of Canada
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP
    Supreme Court rules on pension claims in CCAA
    2013-02-08

    On February 1, the Supreme Court of Canada (the “SCC”) released its long-awaited decision in Sun Indalex Finance, LLC v. United Steel Workers. By a five to two majority, the SCC allowed the appeal from the 2011 decision of the Ontario Court of Appeal (the “OCA”) which had created so much uncertainty about the priority of pension claims in Companies’ Creditors Arrangement Act (the “CCAA”) proceedings.

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, United Steelworkers, Companies' Creditors Arrangement Act 1933 (Canada), Personal Property Security Act 1990 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP

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