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Results: 1-10 of 396

Crown priority under section 222(3) of the Excise Tax Act
  • McCarthy Tétrault LLP
  • Canada
  • October 31 2017

We have recently profiled conflicting cases (available here and here) dealing with a priority contest between super-priority charges granted pursuant


When is a Guarantee Unenforceable?
  • Torkin Manes LLP
  • Canada
  • February 9 2016

A creditor who loans money has a duty not to breach its contract or act “unconscionably” towards the guarantor or surety of the loan. Accordingly


Indalex pension decision considered by Ontario Court of Appeal
  • Osler Hoskin & Harcourt LLP
  • Canada
  • August 11 2015

Following the Supreme Court of Canada decision in Sun Indalex Finance, LLC v. United Steelworkers, 2013 1 S.C.R. 271 (Indalex), creditors and their


Enhancing lender priority over pension deficiencies in Canada in the post Indalex era - more guidance from the courts
  • Baker McKenzie
  • Canada
  • March 27 2014

By mid-2013, defined benefit pension plan deficiencies had reached $400 billion in Canada. While the uptick in stock prices and interest rates has


Quebec Court overturns federal pension deemed trust in Aveos CCAA
  • Aird & Berlis LLP | Aird & McBurney LP
  • Canada
  • December 18 2013

In a November 20,2013 decision in the Companies Creditors' Arrangement Act (the "CCAA") proceedings of Aveos Fleet Performance Inc. and Aero


Sun Indalex Finance, LLC v United Steelworkers: remedial trusts in the commercial context
  • DLA Piper
  • Canada
  • February 27 2013

The Supreme Court of Canada's decision in Sun Indalex Finance, LLC v United Steelworkers, 2013 SCC 6, has a number of implications for employers


Secured lenders take note: supreme court releases indalex decision
  • Heenan Blaikie LLP
  • Canada
  • February 22 2013

The Supreme Court of Canada recently released its much-anticipated decision in the Indalex Limited proceedings under the Companies' Creditors


Re Indalex in the Supreme Court of Canada
  • Stikeman Elliott LLP
  • Canada
  • February 20 2013

The Court of Appeal for Ontario's (the "OCA") decision in Re Indalex Ltd. was decried by professionals in pension, banking and insolvency practices


Pension plan members lose out in Supreme Court Indalex ruling
  • Heenan Blaikie LLP
  • Canada
  • February 13 2013

The Supreme Court of Canada recently released its much-anticipated decision in the Indalex Limited proceedings under the Companies' Creditors


New concerns for bondholders, lenders and other creditors following SCC’s Indalex decision
  • Bennett Jones LLP
  • Canada
  • February 12 2013

On February 1, 2013, the Supreme Court of Canada (SCC) released its much-awaited decision in the Indalex case. While the central issue in Indalex