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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


Update on DIP financing and priority charges
  • Blake Cassels & Graydon LLP
  • Canada
  • December 6 2012

On June 5, 2012, the Supreme Court of Canada heard the appeal from the Court of Appeal for Ontario’s decision in Re Indalex


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


Lender strategy in light of new pension priorities
  • Dentons
  • Canada
  • June 4 2009

Recent changes to the Bankruptcy and Insolvency Act have given certain unpaid pension plan contributions priority over a lender’s security if the employer is bankrupt or in receivership


Alberta exempts registered savings plans from seizure
  • Miller Thomson LLP
  • Canada
  • May 14 2010

One more province has joined the ranks of extending creditor protection to registered savings plans


RRSPs in British Columbia receives legislative protection from creditors
  • Dentons
  • Canada
  • December 23 2008

The British Columbia Provincial government recently passed the Economic Incentive and Stabilization Statutes Amendment Act, 2008 (the “Act”


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


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


Ontario Court of Appeal decision may create uncertainty for insolvent companies with pension deficiencies
  • Torys LLP
  • Canada
  • April 12 2011

A ruling on April 7, 2011 by the Ontario Court of Appeal has resulted in deemed trust and unsecured breach of fiduciary duty claims in favour of pension beneficiaries being given priority ahead of court-ordered "super-priority" charges