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Results: 1-10 of 20

Tenant bankruptcy and beyond

  • WeirFoulds LLP
  • -
  • Canada
  • -
  • May 23 2008

“Bankruptcy” is commonly used to describe a number of legal situations involving a tenant’s financial distress

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

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

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

We still don’t know what is a fixture vs a chattel

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • August 27 2010

The bankrupt farmer ran an equestrian operation

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

The Open for Business Act: Bill 68 An act to promote Ontario as open for business by amending or repealing certain acts - enacted as: Chapter 16 of the Statutes of Ontario, 2010

  • Dentons
  • -
  • Canada
  • -
  • May 19 2011

Bill 68 An Act to promote Ontario as open for business by amending or repealing certain Acts (the “Open for Business Act”)1 received Royal Assent on October 25, 2010. It is an omnibus Act which contains more than 100 amendments to existing legislation spread out across 10 ministries

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

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

The Canadian leasing environment: an overview for US professionals (business and legal)

  • Cassels Brock & Blackwell LLP
  • -
  • Canada, USA
  • -
  • May 5 2011

As international trade grows, financial institutions and manufacturers of equipment recognize that international sales or globalization of their business is a requirement to staying competitive

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