A summary of recent Canadian insolvency-focused court decisions.
Can CCAA priority charges prime the CRA’s deemed trust claim? The Debtors initiated restructuring proceedings under the BIA, but soon changed course and sought to restructure under the CCAA. In their initial CCAA application, they requested, among other things, the creation of three super-priority charges.…
When will an insolvency court not approve a litigation funding agreement? In July 2018, JMX, a demolition company, entered into a contract with OPG for the demolition of the Lambton Thermal Generating Station. In February 2020, OPG formally notified JMX that it was in default of…
Does a bankrupt require leave to sue a trustee in a personal capacity? The plaintiff had undergone four bankruptcies over the course of 13 years. He claimed that, following his fourth bankruptcy, he discovered that his former bookkeeper misappropriated approximately $206,000 from his sole proprietorship between…
Does a judgment on a guarantee survive bankruptcy where the underlying claim is for fraud? The appellant, Johansen, filed a statement of claim against the respondent, Wallgren, alleging breach of contract, fraudulent misrepresentation and fraudulent preference. Johansen then severed his claim and sought partial summary…
Can a receivership order override the validity and priority of the charges contained in an earlier order granted pursuant to the CCAA in the same insolvency proceedings? Accel Canada Holdings Limited (“Holdings”) and Accel Energy Canada Limited (“Energy” and, together with Holdings, “Accel”) each filed…
Can a notice of disallowance be declared a nullity following the expiry of the appeal period? The applicant creditor sought an order for, among other things, a declaration that the Notice of Disallowance of his Proof of Claim issued in December 2017 was a nullity…
Is a receivership order stayed on the filing of a notice of appeal? The Court appointed RSM as Receiver of certain properties (the “Property”). The respondents served a Notice of Appeal in respect of the appointment order. The Receiver and the applicant jointly brought a…
Is a receiver a successor employer subject to the collective bargaining rights of employees? Rose of Sharon operated a 60-bed long-term care facility on Maplewood Avenue in Toronto. United Food and Commercial Workers International Union, Local 175 (the “Union”) was certified as bargaining agent for…
What factors will a court consider on competing applications to terminate or extend the period to make a proposal? A recent Alberta decision considers the factors a court will consider on competing applications brought by the debtor to extend the period to make a proposal…
Can a debtor avoid a receivership if it has a reasonable plan for moving forward? The applicant, Meridian, sought an order pursuant to s. 243(1) of the Bankruptcy and Insolvency Act and s. 10 of the Ontario Courts of Justice Act, appointing a receiver and manager over all…