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Not Every Vote Matters: Non-Arm’s Length Parties During Proposals Under the Bankruptcy and Insolvency Act

Canada - October 18 2019 FT ENE Canada Inc. (“FECI”) was in the nanofibre business, and was a wholly owned subsidiary of Finetex ENE Inc. (“Finetex”). As a result of...

Creditors’ Forbearance and Settlement Privilege: Not all Communications Regarding Forbearance Will Attract the Cloak of Privilege

Canada - July 31 2019 Bella Senior Care Residences Inc. ("BSCRI"), was the operator of a senior care facility. BSCRI owed money to Canada Life Assurance Company ("CLAC")...

Ignorance May Not be Bliss, but it can be Beneficial: Evidence of the Conduct of a Judgment Creditor Can be used in Certain Circumstances to Engage Section 178(1)(d) of the Bankruptcy and Insolvency Act and Protect a Judgment from an Order of Discharge

Canada - March 21 2019 The Defendant was a dentist who had executed a personal guarantee on July 7, 2011 in favour of the Plaintiff (the "Bank") in order to secure payment...

KEIP-ing the Right People for the Job: Ontario Superior Court Outlined the Factors it Will Take into Consideration when Approving Key Employee Retention Plans and Key Employee Incentive Plans

USA, Canada - January 15 2019 Aralez Pharmaceuticals Inc. ("AP Inc.") and Aralez Pharmaceuticals Canada Inc. ("APC Inc.") (collectively, the "Applicants") brought an application to...

Tipping the Scales: Ontario Court of Appeal Confirms the Primacy of Creditors’ Interests when Approving a Receiver’s Sale of Property

Canada - November 2 2018 One of the most delicate balancing acts that the Courts are asked to perform in Canada is balancing all of the disparate and competing interests in an...