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Results: 1-10 of 12

Contaminated land: commercial, regulatory and insolvency considerations

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • February 14 2013

For some, environmental liability is akin to a game of hot potato. In other words, no one wants to be the one left holding the potato when the music

Two recent Ontario cases act as a reminder and reconfirmation

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • October 11 2012

In recent years the Ontario Personal Property Security Act (“PPSA”) changed the scope of its application to include all leases for a term of more than one year, regardless of whether it is a “true” or “financing” lease

A rascal of a doctrine: the elusive definition of resulting trust

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • June 5 2012

The Supreme Court of Canada has recently granted leave to appeal from the judgment of the British Columbia Court of Appeal in Edward Sumio Nishi v. Rascal Trucking Ltd

Cow Harbour true lease characterization decision released: moving in the right direction

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • March 23 2012

Whether a lease is a “true” or “finance” lease has been debated in Canadian courts for decades in many different contexts

In the Matter of the Bankruptcy of TNG Acquisition Inc. (successor estate of estate of

  • WeirFoulds LLP
  • -
  • Canada
  • -
  • December 20 2011

In June 2011, EDS Canada Corp. ("EDS") subleased premises to NexInnovations ("Nex"). On October 2, 2007, Nex obtained creditor protection under the CCAA (the "Initial Order"

Fraudulent conveyancespreferences and limitation periods

  • Aird & Berlis LLP
  • -
  • Canada
  • -
  • June 22 2011

During the past 14 months, courts in Ontario have rendered three decisions dealing with the application of limitation periods to claims for fraudulent conveyances or preferences

Section 11.01 of the CCAA: equipment lessors beware

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • May 5 2011

In the recent Companies’ Creditors Arrangement Act ( “CCAA”) proceedings of Cow Harbour Construction Ltd., the characterization of numerous leases, for the purposes of section 11.01 of the CCAA, was in dispute

BCCA interprets BIA provisions dealing with landlord rights

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 2 2010

On October 26, 2010, the British Columbia Court of Appeal (the Court) released its decision in Canadian Petcetera Limited Partnership v. 2876 R Holdings Ltd., 2010 BCCA 469 (Petcetera), an important case that addresses the rights of landlords when a tenant has filed a Notice of Intention to make a proposal (NOI) under the Bankruptcy and Insolvency Act (the BIA

Court decisions clarify rights of non-profit directors to pay legal fees during receivership

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • October 29 2010

The December 2009 decision of the Ontario Court of Appeal in Peterborough (City) v. Kawartha Native Housing Society Inc. is significant in clarifying the right of the boards of directors of non-profit corporations in receivership to retain legal counsel and pay legal fees out of the corporation’s funds

Ontario court confirms receiver’s limited liability to landlord for occupation

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • October 18 2010

Where a tenant becomes insolvent, landlords are often faced with a courtappointed Receiver inserted in place of the insolvent debtor who wishes to operate the tenant's business or conduct a sale of assets on site

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