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Results:1-10 of 246

Past due: Collection laws get an update
  • Gowling WLG
  • Canada
  • January 8 2018

On January 1, 2018 portions of Ontario's Putting Consumers First Act (Consumer Protection Statute Law Amendment), 20171, also known as Bill 59


Insolvency Litigation Update - December 2017
  • Gowling WLG
  • United Kingdom, Canada
  • December 14 2017

In our update this month we take a look at three cases that provide helpful clarification from the courts on issues that will be of interest to the


Guarantors' claim of improvident realization of the borrower's assets unsuccessful
  • Gowling WLG
  • Canada
  • September 28 2017

A recent decision of the Alberta Court of Queen's Bench has confirmed that a contract of guarantee is an independent contract between creditor and


Finance litigation - the latest cases and issues - July 2017
  • Gowling WLG
  • United Kingdom
  • August 2 2017

This month we consider the court's refusal to imply an obligation into a loan agreement that a lender should take steps in foreign proceedings to


Unsuccessful interest relief application
  • Gowling WLG
  • Canada
  • June 6 2017

Relief from interest accrual requested under the Income Tax Act (Canada) (“ITA”) in a complex and protracted dispute was recently rejected in Walsh v


Pre-action steps to recovering debts from individuals - what businesses need to know
  • Gowling WLG
  • United Kingdom
  • May 10 2017

Businesses seeking to recover debts from individuals (including sole traders) will, from 1 October 2017, need to comply with the requirements of a new


Related parties to a borrower cannot be compelled to deliver subordination agreements
  • Gowling WLG
  • Canada
  • March 30 2017

Subordination agreements are fundamental to the structuring of financings involving a senior lender and the holders of any other junior debt of a


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


Alberta Court of Appeal upholds decision to grant priority to creditor over owner who failed to register its interest in leased goods
  • Gowling WLG
  • Canada
  • March 30 2017

A recent decision of the Alberta Court of Appeal has highlighted the need for owners of leased goods to register their deemed security interests in


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