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Results: 1-10 of 78

Don't give away the farm - taking security in production quotas
  • Cassels Brock & Blackwell LLP
  • Canada
  • December 22 2014

For a lender in the agricultural space, some of the most valuable assets a lender may be relying on for recovery purposes are the production quotas


Individual Guarantors in Alberta - trap for the unwary and extra cost
  • Cassels Brock & Blackwell LLP
  • Canada
  • April 21 2015

In February this year, we circulated the e-lert below discussing upcoming amendments to the Alberta Guarantees Acknowledgement Act by Bill 44:


Contract law: Maxam Opportunities Fund Limited Partnership v. 729171 Alberta Inc. (2015 BCSC 271)
  • Cassels Brock & Blackwell LLP
  • Canada
  • April 8 2015

Sophisticated parties held to the words of their bargain; making a credit facility "available" did not create an obligation on borrower to draw on the


Ontario Personal Property Security Act registration made in “shake-down” attempt results in award of substantial indemnity costs against corporation and sole director
  • Cassels Brock & Blackwell LLP
  • Canada
  • October 29 2014

Clients regularly ask us what happens if an Ontario Personal Property Security Act registration is made against them which was not authorized. Our


Quebec’s new Securities Transfer Act
  • Cassels Brock & Blackwell LLP
  • Canada
  • October 13 2009

With the adoption of An Act Respecting the Transfer of Securities and the Establishment of Security Entitlements (the "Québec STA"), Québec has now joined Ontario, British Columbia, Alberta and Newfoundland in implementing legislation largely identical to that in force in the United States


Good news for secured creditors as value of their collateral increases
  • Cassels Brock & Blackwell LLP
  • Canada
  • November 5 2008

For most lenders, taking security from their borrowers is pretty straightforward: take a general security agreement covering inventory, receivables and all other collateral, add some guarantees, and then look to see if there are any other loose ends that need tying up


The standard form trap
  • Cassels Brock & Blackwell LLP
  • Canada
  • December 3 2012

It’s time to review your standard forms!


Court makes it harder for fraudsters to hide behind bankruptcy
  • Cassels Brock & Blackwell LLP
  • Canada
  • December 22 2010

One of the primary objectives of the Bankruptcy and Insolvency Act ("BIA") is to provide the bankrupt with an opportunity to stay existing creditors and establish a financial "clean slate"


Payment cards recent developments
  • Cassels Brock & Blackwell LLP
  • Canada
  • August 3 2010

Recent federal legal developments concerning payment cards will interest financial institutions, payment card acquirers, merchants and consumers


Purchase-money security interests: cross-collateralizing without waivers
  • Cassels Brock & Blackwell LLP
  • Canada
  • April 12 2010

The recent decision of the Alberta Court of Queen’s Bench, Royal Bank of Canada v. Ramco Sales Inc., highlights the danger of using a purchase-money security interest ("PMSI") when trying to cross-collateralize assets under different financings with the same obligor