Ontario Court of Appeal has the Last Word on Subrogated Claims in Bankruptcy
Michael Nowina and Ben Sakamoto of Baker & McKenzie review a recent appeal involving the intersection of bankruptcy law and the doctrine of subrogation.
A curation of recent Canadian insolvency-focused articles.
Are There Limits On A Proposal Trustee’s Investigatory And Remedial Powers?*
David Jackson of Taylor McCaffrey uses a recent case to remind readers that while Proposal Trustees are not typically the chosen tool for investigating or challenging pre-filing transactions, they do have similar powers to Bankruptcy Trustees
Receiver gets Rapped
Jessica Cameron, Josef Krüger, Robyn Gurofsky and Miles Pittman of BLG review a recent case that serves as a cautionary tale for receivers regarding the duties they owe both to the Court as a Court officer, as well as to all of a debtor's interested stakeholders.
The Bluberi Case: How to Approach Litigation Funding in Insolvency
Patrice Benoit and Geneviève Cloutier of Gowling WLG share that the Court of Appeal of Quebec has overturned the decision of the lower court in the highly anticipated Bluberi case and note that the case will now serve as an example to debtors, litigation funders and creditors that when the only ”raison d’être” of the debtor is the pursuit of litigation, or when such litigation is at the core of any arrangement, pursuit of that litigation requires the approval of creditors.
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
Don’t Believe What You’ve Heard: Provincial statutory trusts do survive bankruptcy
Matthew Lerner and Scott Rollwagen of Lenczner Slaght weigh in on the recent Court of Appeal decision in The Guarantee Company of North of America v Royal Bank of Canada, noting that the decision has upset the long-standing conventional wisdom among bankruptcy and insolvency practitioners in Ontario about the fate of provincially-created statutory trusts in bankruptcy.
Supreme Court of Canada Decides Federal Crown’s Deemed Trust Priority for Unremitted GST/HST Doesn’t Survive Bankruptcy in Canada v. Callidus Capital Corporation
Romain Viel of McInnes Cooper explains that the Supreme Court's hesitation to comment on the scope of a Crown's deemed trust before a tax debtor's bankruptcy in the Callidus case is likely because there is ongoing litigation about this issue (Canada v. Toronto-Dominion Bank)
Property Tax Priorities in Alberta Insolvency Proceedings: Current Uncertainty
Kelsey Meyer of Bennett Jones summarizes several recent decisions relating to municipal property taxes that are currently under appeal in Alberta and notes that the outcome of these appeals will have significant implications for willing and unwilling participants.
Transferring Assets in a Receivership in Canada? Is it Vested or Not?
Steve Weisz, Caitlin Fell and Alex Don of Brauti Thorning Zibarras explain what is at issue in the highly anticipated Third Eye Capital appeal, noting that the decision will significantly impact all parties to restructuring proceedings, including purchasers of distressed assets going forward.
Poseidon Plan of Arrangement Resolves Director and Auditor Liability Claims
Ken Lenz, Kevin Zych and Isabel Langlois of Bennett Jones review a recently sanctioned CCAA plan of compromise and arrangement that demonstrates how CCAA proceedings can be used to settle complex litigation that involves multiple parties and jurisdictions.