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Results: 1-10 of 445

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


Re Indalex Limited: new pension deficiency wrinkles for financiers
  • McMillan LLP
  • Canada
  • April 18 2011

On April 7, 2011, the Ontario Court of Appeal rendered a decision in the restructuring proceedings involving Indalex Limited (Indalex) under the Companies' Creditors Arrangement Act (CCAA) that is inconsistent with prior non-binding comments by the same court relating to the priority of certain pension claims


Supreme Court of Canada speaks on Indalex
  • Blake Cassels & Graydon LLP
  • Canada
  • February 1 2013

The long-awaited and highly anticipated decision of the Supreme Court of Canada in the Indalex case was released today. The decision stems from an


Supreme Court of Canada restores super-priority of DIP lenders in CCAA proceedings
  • Norton Rose Fulbright Canada LLP
  • Canada
  • February 1 2013

In (Re) Indalex, the Supreme Court of Canada (SCC) affirmed the super-priority of the security granted to a debtor-in-possession (DIP) lender, over


Sun Indalex Finance, LLC v United Steelworkers: remedial trusts in the commercial context
  • DLA Piper LLP
  • Canada
  • February 27 2013

The Supreme Court of Canada's decision in Sun Indalex Finance, LLC v United Steelworkers, 2013 SCC 6, has a number of implications for employers


Re Indalex: Canada’s top court provides some clarity for insolvent companies with pension deficiencies
  • Torys LLP
  • Canada
  • February 4 2013

On February 1, 2013, the Supreme Court of Canada in Re Indalex allowed in part the appeal of Sun Indalex Finance and, in doing so, delivered guidance


Alberta clarifies alternative settlement methods for DB plan administrators
  • Blake Cassels & Graydon LLP
  • Canada
  • November 15 2013

On November 12, 2013, the Alberta government issued EPPA Update 13-01, in response to recent developments in the actuarial profession affecting


Indalex: appeal allowed, but ...
  • Blake Cassels & Graydon LLP
  • Canada
  • February 7 2013

On February 1, 2013, the Supreme Court of Canada (SCC) released its decision in Sun Indalex Finance, LLC v. United Steelworkers (Re Indalex). With


SCC decision in Re Indalex not good news for cash collateral arrangements
  • Stikeman Elliott LLP
  • Canada
  • February 8 2013

Swaps market participants accepting cash collateral from an entity subject to Ontario provincial pension benefits legislation will want to consider


Practical implications of the Supreme Court of Canada’s decision in (Re) Indalex
  • Norton Rose Fulbright Canada LLP
  • Canada
  • February 6 2013

The Supreme Court of Canada's decision in (Re) Indalex has changed the landscape for both lenders and borrowers in Canada who sponsor registered