Coverage of the latest Canadian insolvency filings, court cases, news and more

Confidence Tool & Mould Design

Confidence Tool & Mould Design, an Oldcastle, Ontario-based company, was placed in receivership on January 22 on application by BMO, owed approximately $6.0MM. BDO was appointed receiver. Counsel is Aird Berlis for the applicant and Miller Thomson for the receiver.

Sandpaul Investments

Sandpaul Investments, a Thunder Bay, Ontario-based property management company, was placed in receivership on January 21 on application by RBC. BDO was appointed receiver. Dentons is counsel to the applicant.

RMK Investments

RMK Investments, a Vancouver, British Columbia-based company that sells and installs the Hunter Douglas brand of home interior blinds and custom-made draperies which were sold exclusively through the Hudson’s Bay (“HBC”) Department stores, filed a proposal on January 21, listing $882.6M in liabilities, including $307.5M to Hunter Douglas Canada. Under the terms of its contract with HBC, the company was not allowed to perform any of its own direct marketing to customers. Previously, the company had the advantage of selling the Hunter Douglas brand of blinds which were not available to much of the competition. This allowed the company to operate its business on a high volume and high margin basis. In the past several years, however, big box retailers such as Costco and Home Depot also began to sell the Hunter Douglas brand of blinds. The increased competition and existing marketing constraints on the company reduced its margins, ultimately resulting in negative profitability. The company will cease operations on January 31. The Bowra Group is the proposal trustee.

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Michael Rotsztain on the evolution of restructuring and insolvency work in Canada

“Study the past if you would define the future.” Confucius’ quote is a favourite of Michael Rotsztain, who has been practising insolvency and restructuring law for over 40 years. Beginning his career at the legendary insolvency firm of Harries Houser, where he had the good fortune of being mentored by a bankruptcy law dream team, Michael spent the major part of his career at a leading Bay Street firm and since 2014 has been the chair of GSNH’s five-lawyer Restructuring and Insolvency Group. Michael recounts how insolvencies and restructurings have evolved over his career and shares what he thinks are the next steps in the evolution.

Clarity in Appeal Procedures: The BIA Prevails

Monica Carinci, Steven Graff, Kyle Plunkett and Miranda Spence of Aird & Berlis explain recent decision of the Ontario Court of Appeal that definitively answers the question of which appeal procedure must be followed in appeals of Orders made in proceedings constituted under both the Bankruptcy and Insolvency Act  and the Courts of Justice Act

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