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Results: 1-10 of 11

Indalex: what are the pension implications?

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • February 11 2013

"When a business becomes insolvent, many interests are at risk. Creditors may not be able to recover their debts, investors may lose their

Supreme Court of Canada affirms federal paramountcy in insolvency but leaves uncertainty for the credit community regarding provincial statutory deemed trusts

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • February 1 2013

The Supreme Court of Canada released its highly anticipated decision in Indalex Limited (Re) this morning. The ruling stemmed from an appeal of an

Re Northern Sawmills Inc. court considers post-Indalex pension claims in receivership

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • December 19 2012

This is another post-Indalex pension deficit priority case

Pensions v. DIP charge: the continuing Timminco saga unions’ motion for leave to appeal denied

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • August 27 2012

The law in Canada concerning priorities between the statutory deemed trusts relating to pension plan contributions and certain pension fund shortfalls on the one hand, and court ordered charges in favour of DIP lenders on the other hand has been in a state of flux ever since the decision of the Ontario Court of Appeal (the “OCA”) in Re Indalex

Supreme Court of Canada hears appeal of Re Indalex Limited

  • Osler Hoskin & Harcourt LLP
  • -
  • USA
  • -
  • July 16 2012

On Tuesday, June 5, 2012 the Supreme Court of Canada heard an appeal of the Ontario Court of Appeal’s decision in Re Indalex Limited (“Indalex”

Québec court: DIP lender has priority over pension plan deficit

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • May 21 2012

In April 2011, the Ontario Court of Appeal rendered a unanimous judgment in Re Indalex Limited which ordered that the amount the debtor was required to contribute towards its pension plan wind up deficiency be paid in higher priority to repayments to its DIP lender

Indalex decision: implications from a pensions & benefits perspective

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • April 19 2011

The Ontario Court of Appeal decision in Indalex Limited (Re) has created considerable uncertainty over the priority status afforded to pension plan wind-up deficits, particularly in insolvency proceedings involving the plan sponsor

Federal pension reform comes into force

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • April 15 2011

Certain provisions of Bill C-9, last year's Budget Bill, which amended the federal Pension Benefits Standards Act (PBSA), have been proclaimed in force

Ontario Court of Appeal grants retirees priority over secured creditors

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • April 12 2011

On April 7, 2011, the Ontario Court of Appeal released its long-awaited decision in Re Indalex Limited

Bill C-501: proposed changes to priority of pension fund payments

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • December 7 2010

Last month, I appeared before the federal government's Standing Committee on Industry, Science and Technology to convey our concerns regarding Bill C-501,An Act to amend the Bankruptcy and Insolvency Act and other Acts (pension protection), which if passed will alter the status of unfunded pension plan liabilities in the context of restructurings and bankruptcies