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OCA addresses fraudulent transfers under Bankruptcy and Insolvency Act

Canada - April 5 2022 The recent decision in Ernst & Young Inc. v. Aquino, the Ontario Court of Appeal (OCA) analyzed the criteria for establishing voidable transfers at…

Robyn Gurofsky, Jack Maslen, Anthony Mersich

Decisions on secured lenders’ rights and remedies in 2022

Canada - March 8 2022 As Canada prepares to emerge from the COVID-19 pandemic, factors such as the elimination of government pandemic support and rising interest rates may…

Robyn Gurofsky, Jack Maslen, Anthony Mersich, Celine Zhen

Jurisdiction and broad discretion of insolvency court upheld

Canada - June 22 2021 On June 17, 2021, the Alberta Court of Appeal (ABCA) dismissed two companion appeals in the receivership proceedings of Accel Canada Holdings Limited…

Jessica Cameron, Robyn Gurofsky, Jack Maslen

Is a receiver bound by an arbitration agreement?

Canada - June 18 2021 On June 10, 2021, the Supreme Court of Canada (SCC) granted leave to appeal the decision of the British Columbia Court of Appeal in Petrowest…

Tiffany Bennett, Jessica Cameron, Robyn Gurofsky, Nanditha Iyer, Jack Maslen

Court of Appeal of Alberta dismisses application for leave in Bellatrix CCAA proceedings

Canada - March 12 2021 The Court of Appeal of Alberta issued the latest decision in the Companies’ Creditors Arrangement Act (CCAA) proceedings of Bellatrix Exploration Ltd…

Tiffany Bennett, Jessica Cameron, Jack Maslen