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Rationalizing CCAA appeals

Cassels Brock & Blackwell LLP
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Canada
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May 21 2009

A recent decision of the British Columbia Court of Appeal has rationalized the approach to be taken by Courts in considering appeals in CCAA cases

"Hardship" fund for CCAA creditors

Cassels Brock & Blackwell LLP
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Canada
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May 21 2009

The Alberta Court of Queen's Bench recently permitted a debtor to establish a "hardship" fund to pay obligations incurred prior to the debtor's CCAA filing to local suppliers operating in the debtor’s community

The CCAA scene: recent and notable

Cassels Brock & Blackwell LLP
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Canada
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February 5 2009

On January 14, 2009, Nortel Networks Corporation obtained protection from its creditors under the Companies' Creditors Arrangement Act

The fourth time bankrupt

Cassels Brock & Blackwell LLP
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Canada
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November 4 2007

Second and third time personal bankruptcies are uncommon, but fourth time bankruptcies are so rare they deserve recognition

The fourth-time bankrupt

Cassels Brock & Blackwell LLP
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Canada
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June 3 2008

Fourth-time personal bankruptcies come along so rarely that they deserve special recognition

Does equitable subordination exist in Canada?

Cassels Brock & Blackwell LLP
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Canada
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June 3 2008

In the recent case of Re I. Waxman & Sons Limited (“Waxman”), the Ontario Superior Court of Justice reviewed the treatment in Canada of the doctrine of equitable subordination

Set-off revisited

Cassels Brock & Blackwell LLP
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Canada
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June 29 2009

Set-off is a powerful and often under-appreciated insolvency remedy in Canada

Holiday cheer - Alberta court grants rare extension to unpaid supplier

Cassels Brock & Blackwell LLP
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Canada
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June 29 2009

Unpaid suppliers are generally unsecured in liquidation proceedings

Availability of cross-border guarantees for DIP financing in CCAA cases

Cassels Brock & Blackwell LLP
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Canada
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June 29 2009

In a series of cases in 2009 culminating in the decision of the Honourable Mr. Justice Morawetz in Re Indalex Limited (“Indalex”), the CCAA Courts have considered the appropriateness of approving the granting of a guarantee in connection with a cross-border DIP facility