Is a receiver bound to arbitration clauses in contracts a debtor was party to?
A summary of recent Canadian insolvency-focused court decisions.
Will a lack of independent legal advice invalidate a guarantee?
Can a debtor be forced to disclose privileged information in an insolvency proceeding?
Can a receiver be privately prosecuted?
Is the ultimate sale price the most important factor in the Soundair test?
Can real estate commissions owing to agents be protected as trust funds in an insolvency?
Are the activities of a debt consulting business in breach of the BIA?
Can a transaction fee have priority over other post-filing liabilities without a court-ordered charge?
How far can a person go in criticizing a trustee and other professionals in a bankruptcy?
Is a landlord entitled to draw on a letter of credit if a lease is disclaimed by a trustee?