We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 22

Late bids in a receivership sales process

  • Dentons
  • -
  • Canada
  • -
  • March 31 2010

In Bank of Montreal v River Rentals Group Ltd 2010 ABCA 16, the Alberta Court of Appeal had to consider the acceptance of a higher bid made after the tender closing date

Court compels examination under BIA notwithstanding self-incrimination objection

  • Dentons
  • -
  • Canada
  • -
  • March 31 2010

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 self-incrimination in relation to an examination held under section 163 of the Bankruptcy and Insolvency Act, R.S.C., 1985 c. B-3 ("BIA"

Court restricts access to debtor's data room

  • Dentons
  • -
  • Canada
  • -
  • February 25 2010

Recently, in Re AbitibiBowater Inc., the Province of Newfoundland sought a court order granting it access to the electronic data room of Abitibi created for the purpose of dissemination of certain non-public financial and operation information to its counsel, certain creditors, and the Monitor

Reorganization proceedings continued notwithstanding allegations of conflict

  • Dentons
  • -
  • Canada
  • -
  • February 25 2010

In a recent decision of the Ontario Superior Court of Justice, Re Smurfit-Stone Container Canada Inc., Justice Pepall examined the conflicting interests that arise where companies within a group of restructuring companies have made intercompany loans to one another, and where the board of directors mirror each other in each subsidiary

Reorganization of multi-unit residential developments

  • Dentons
  • -
  • Canada
  • -
  • November 30 2009

Over the last two years, with the fluctuations in the economic market, commercial real estate in distress has become a lively topic among insolvency practitioners and even in court decisions

Asset sales in the CCAA

  • Dentons
  • -
  • Canada
  • -
  • October 30 2009

Nortel Networks ("Nortel") brought a motion seeking approval of the sale of various Nortel assets to Nokia Siemens ("Asset Sale Agreement"), and for approval of a Sale Agreement and Bidding Procedures, advanced by Nortel for the purpose of conducting a "stalking horse" bidding process in respect of its Code Division Multiple Access ("CDMA") and Long-Term Evolution Access ("LTE") assets

Restructuring under the Business Corporations Act

  • Dentons
  • -
  • Canada
  • -
  • September 30 2009

In the recent case of Re Masonite International Inc., the Ontario Superior Court approved a plan of arrangement under the Canada Business Corporations Act (“CBCA”), notwithstanding that certain insolvent entities were involved

Ancillary foreign proceedings in Canada

  • Dentons
  • -
  • Canada, USA
  • -
  • August 31 2009

Lear Corporation, a Delaware corporation, its Canadian subsidiaries, and other affiliates, sought an Order under s. 18.6 of the Companies’ Creditors Arrangement Act (“CCAA”) for a declaration that Chapter 11 proceedings in the U.S. Bankruptcy Court (New York) constituted “foreign proceedings” and for a stay of proceedings

Court preserves right to sue receiver in respect of court-approved transaction

  • Dentons
  • -
  • Canada
  • -
  • July 30 2009

1117387 Ontario Inc., by court order in October 2003, was placed under receivership for defaulting on payment of a mortgage

CCAA court allows debtor to pay pre-filing unsecured debts

  • Dentons
  • -
  • Canada
  • -
  • July 30 2009

Recently, in Re Eddie Bauer of Canada Inc., Justice Morawetz ordered a debtor was entitled to pay amounts owing for goods and services actually supplied prior to the filing date