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276 results found

Article

McCarthy Tétrault LLP | Canada | 4 Sep 2019

Alberta Court of Appeal confirms super-priority status of restructuring charges

The ongoing priority dispute between deemed trusts created under federal “fiscal statutes” (being the Income Tax Act, the Canada Pension Plan Act and

Article

McCarthy Tétrault LLP | Canada | 3 Sep 2019

Post-filing suppliers do not implicitly benefit from any priority on the proceeds of sales of assets in CCAA proceedings

The Québec Court of Appeal confirmed that unpaid post-filing suppliers, which had neither sought a court-ordered charge to secure their post-filing

Article

WeirFoulds LLP | USA, Canada | 5 Jul 2019

The Standard of Appellate Review for Standard Form Contracts versus CCAA Plans - SFC Litigation Trust v. Chan, 2019 ONCA 525

The SFC Story Allen Chan was the co-founder, chief executive officer and chairman of the board of directors of Sino-Forest Corporation (“SFC”)

Article

McMillan LLP | Canada | 17 May 2019

Canadian Corporate & Restructuring Legislation: Changes Could be on the Way

Bill C-97 (the “Bill”) was introduced in Parliament to implement the Federal Budget tabled by the Liberal government on March 19, 2019

Article

Kramer Levin Naftalis & Frankel LLP | USA, Canada | 25 Mar 2019

Southern District of New York Dismisses Securities Law Claims on Grounds of International Comity; No Chapter 15 Proceeding Required

Recently in Ema Garp Fund v. Banro Corp., Case No. 18-01986 (S.D.N.Y. Feb. 21, 2019), the District Court for the Southern District of New York

Article

McCarthy Tétrault LLP | Canada | 8 Feb 2019

Quebec Court of Appeal decision in Bluberi CCAA proceedings

On February 4, 2019, the Quebec Court of Appeal (QCA) released its decision in the Companies’ Creditors Arrangement Act (CCAA) proceedings of

Article

Fasken | Canada | 7 Feb 2019

Secured Creditors Beware: The SCC Surprises the Insolvency World in Redwater

As Yeats said in his poem, The Second Coming: "mere anarchy is loosed upon the world". While perhaps not anarchy, certainly most insolvency

Article

Bennett Jones LLP | Canada | 30 Oct 2018

Poseidon Plan of Arrangement Resolves Director and Auditor Liability Claims

The Alberta Court of Queen's Bench recently sanctioned the Companies' Creditors Arrangement Act ("CCAA") plan of compromise and arrangement (the

Article

Smart & Biggar | Canada | 30 Oct 2018

New Bill C-86 introduces many more changes to IP laws

On October 29, 2018, the Canadian Government introduced Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on

Article

Koskie Minsky LLP | Canada | 4 Oct 2018

Eggleton Tables Bill to Protect Pensioners Before and During a Company’s Insolvency

On September 25, 2018, just days before his retirement, Senator Art Eggleton moved second reading of Bill S-253, An Act to amend the Bankruptcy and

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