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Results: 1-10 of 33

‘Peripheral’ administrative information about lawyer’s file presumptively privileged

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 19 2013

Morris Kaiser's trustee in bankruptcy, Soberman Inc., thought it smelled a rat: while claiming to be impecunious, Kaiser appeared to be living a life

BLG Monthly Update

  • Borden Ladner Gervais LLP
  • -
  • Argentina, Australia, Canada, United Kingdom, USA
  • -
  • December 19 2012

The BLG Monthly Update is a digest of recent developments in the law which Neil Guthrie, our National Director of Research, thinks you will find

UK Supreme Court complicates international insolvencies

  • Borden Ladner Gervais LLP
  • -
  • Canada, United Kingdom
  • -
  • December 19 2012

The central question in Rubin v Eurofinance SA, 2012 UKSC 46, was whether the English courts ought to recognise the order or judgment of a foreign court

Environmental liability in a CCAA proceeding

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 13 2012

In Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67, the Supreme Court of Canada was called upon to consider whether orders issued by a

Sino Forest-subordination of equity interests and collateral damage

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • August 14 2012

On 27 July 2012, Justice Morawetz of the Ontario Superior Court of Justice (Commercial List) released reasons for decision in the Sino-Forest CCAA case concerning the scope and effect of the 2009 amendments to the CCAA that subordinate “equity claims” to all other claims and provide that under a CCAA plan, no payment can be made in respect of equity claims until all other claims are paid in full

Skyservice decision affirmed in Canada by the Ontario Court of Appeal

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 24 2012

On April 6, 2011, the Ontario Superior Court of Justice released its decision in the priority disputes between the lessors and aviation authorities resulting from the Skyservice receivership

Dealing with Indalex

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 23 2012

In January and February of 2012, Justice Morawetz of the Ontario Superior Court of Justice (Commercial List) released two decisions1 in which he authorized a debtor-in-possession (“DIP”) financing charge, an administration charge, and a directors and officers (“D&O”) charge ranking ahead of, among other claims, possible pension deemed trusts over the objection of the debtor companies’ unions and on notice to the members of the companies’ pension administration committees

Secured creditors beware: Crown GSTHST garnishment may trump your security interest in an account receivable

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 14 2012

In the recent decision of the Supreme Court of Canada in Toronto-Dominion Bank and Her Majesty the Queen (2012 SCC 1), the Supreme Court succinctly agreed with the reasons of Justice Noël of the Federal Court of Appeal

Secured creditors may assert priority over proceeds of a fraudulent preference action

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 30 2012

In the decision of Justice Morawetz of the Ontario Superior Court of Justice (Commercial List) (the “Court”) in In the Matter of Aero Inventory (UK) Limited and Aero Inventory PLC, the Court held that proceeds of a fraudulent preference action recovered by a trustee in bankruptcy under section 95 of the Bankruptcy and Insolvency Act (“BIA”) may be subject to the rights of secured creditors, to the extent secured creditors had rights in the collateral in question at the time of the impugned transaction

Bank of Montreal v. Peri Formwork Systems Inc.

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 20 2012

In the recently released Judgment in Bank of Montreal v. Peri Formwork Systems Inc, the British Columbia Court of Appeal was called upon to decide whether a Monitor, under the Companies’ Creditors Arrangement Act (“CCAA”), or a Receiver, under the Builders Lien Act, could borrow monies to complete a development project in priority to claims of builder’s liens registered against the project

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