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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…

Josef G. A. Kruger, 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…

Josef G. A. Kruger, Jack Maslen, Anthony Mersich, Celine Zhen

Lower court's decision upheld by Supreme Court of Canada in CCAA ruling

Canada - September 29 2021 In Her Majesty the Queen v. Canada North Group Inc., the Supreme Court of Canada (the Court) held that lower courts can permit the grant of court…

Elizabeth Egberts

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, Josef G. A. Kruger, 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, Nanditha Iyer, Josef G. A. Kruger, Jack Maslen