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Broken break fee: investor's claim for a break fee denied in CCAA proceeding

Canada - February 10 2017 A recent decision of the British Columbia Supreme Court serves as a reminder to take special care when structuring commercial transactions where the...

Christie Bates, Tushara Weerasooriya.


Post Up: Creditor Ordered to Deposit Security for Costs in British Columbia Bankruptcy Proceeding

Canada - October 26 2016 The tension between a trustee seeking to facilitate a proposal for the benefit of all creditors and a single creditor being forced to release its...

Lauren Ray.


Perfection is Critical to Maintaining Priority Over Judgment Creditors

Canada - June 20 2016 A recent decision of the Ontario Superior Court of Justice serves as a reminder for secured lenders of the importance of perfecting a security...

J.R. Beaudrie.


Re MtGox: using the BIA to recognize foreign insolvency proceedings

Canada - January 29 2015 In a recent decision, the Ontario Superior Court clarified the test by which Ontario courts will recognize foreign bankruptcy proceedings...

Jeffrey Nagashima, Stephen Eddy.


Revisiting, then revising, old contracts: Court of Appeal considers test for rectification

Canada - October 6 2014 What happens when a party to a written and signed commercial agreement claims that the document does not reflect the negotiated bargain? The Ontario...

Jeremy Rankin.