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Results: 1-10 of 58

Indalex decision: insolvency law v. pension law, round three

  • Davis LLP
  • -
  • Canada
  • -
  • February 11 2013

The Supreme Court of Canada's decision in the case of Re Indalex Ltd. 2013 SCC 6 (the "Decision") does not, as one national newspaper put it place

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

The new employee super-priority - new issues for secured creditors

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • July 17 2008

For the first time ever in Canada, super-priority rights have been given to employees which will take priority over existing secured creditors

The perils of partial wind-ups: Ontario Court of Appeal releases decision in Hydro One

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • January 15 2010

The Ontario Court of Appeal released its decision in Hydro One Inc. v. Ontario (Financial Services Commission) on January 11, 2010

Tough times and pension funding in Canada: lessons from Slater Steel

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • September 17 2008

The decision of the Ontario Court of Appeal earlier this year in Slater Steel exposed 10 directors, officers and employees to possible personal liability of $20 million with no meaningful recourse against the insolvent Slater Steel or its assets

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

Indalex priority case decided Ontario Court of Appeal gives priority to pension plan deficiency over secured lenders

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • April 8 2011

This week, the Ontario Court of Appeal surprised many by deciding that in the context of the CCAA proceedings of Indalex, pension plan deficiency claims can have priority over security held by secured DIP lenders

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

DIP lending charge: when super-priority is not so super

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • April 25 2011

On April 7, 2011, the Ontario Court of Appeal (the "OCA") released its decision in Indalex Limited, ordering that the reserved sale proceeds of a going-concern sale involving the Canadian Indalex entities ("Indalex Canada"), held by the court-appointed monitor, FTI Consulting Inc

Indalex: the Ontario Court of Appeal extrudes the CCAA

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

As most are aware by now, the Ontario Court of Appeal (the “OCA”) recently caused alarm by finding that claims of pension plan beneficiaries ranked higher than the super-priority debtor-in-possession financing charge (the “DIP Charge”) created by the amended initial order (the “CCAA Order”) in the Companies’ Creditors Arrangement Act (the “CCAA”) proceedings of the Indalex group of Canadian companies (collectively, “Indalex”

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