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Results: 1-10 of 254

Appearances Can Be Deceiving: A Re-Characterization of a Secured Creditor’s Debt Claim as an Equity Contribution
  • Gowling WLG
  • Canada
  • September 28 2017

In a recent decision, the British Columbia Supreme Court (the "Court") determined that purported secured loans made by a shareholder were properly


Brexit one year on: developments for Banking and Finance
  • Gowling WLG
  • United Kingdom, European Union
  • June 23 2017

Liquidity in the market remains strong as high street lenders are increasingly joined by alternative debt providers such as challenger banks and


Creditor successfully uses oppression remedy in informal loan arrangements
  • Gowling WLG
  • Canada
  • March 30 2017

Most secured lenders have the benefit of a full slate of negative covenants in their formal loan and security documents to restrict the actions of


Thinking of accelerating? Not so fast check your acceleration clause before speeding ahead to enforcement
  • Gowling WLG
  • Canada
  • December 15 2016

Lenders and their lawyers alike may take it for granted that, where a borrower misses a scheduled payment or some other event of default occurs, the


Finance litigation briefing October 2016: report and review on the latest cases and issues
  • Gowling WLG
  • United Kingdom
  • October 31 2016

The Court of Appeal has confirmed that a trustee in bankruptcy cannot compel a bankrupt to draw down payments from his personal pension where he had


Challenger banks: risks and rewards for new entrants
  • Gowling WLG
  • United Kingdom
  • September 14 2016

Challenger banks, which are set up to compete with the larger traditional banks, have seen rapid growth in the wake of increased openness to change


Perfecting against fishery quota revisited in Nova Scotia
  • Gowling WLG
  • Canada
  • June 29 2016

In an earlier edition of Fully Secured (September 2015; Volume 6, No. 3)1, we reported on the D’Eon Fisheries2 case, where the motions judge


Loss of incentives for performance held to offend section 8 of the Interest Act: Supreme Court of Canada
  • Gowling WLG
  • Canada
  • June 29 2016

In two earlier editions of Fully Secured (March 2015 and September 2015; Volume 6, Nos. 1 and 3), we reported on the lower court and Alberta Court


Best efforts and other undertakings: What do they mean?
  • Gowling WLG
  • Canada
  • June 29 2016

In many financing transactions, the day of closing arrives and it becomes clear that certain documents are not yet available or certain conditions


A banker asked us: Unsigned security agreements in Ontario
  • Gowling WLG
  • Canada
  • June 28 2016

Our borrower was supposed to provide a general security agreement to secure its loan, and our back office made an Ontario PPSA registration against