Can a receiver sue on a contract yet disclaim the contract's arbitration clause?
A summary of recent Canadian insolvency-focused court decisions.
Can a family law order give an ex-spouse priority to the proceeds of a matrimonial home over the trustee in bankruptcy?
Will a Canadian court recognize a US plan with a cramdown mechanism?
Will the court grant a reverse vesting order if it is opposed by certain creditors?
Can creditors receive post-filing interest on their claims in CCAA proceedings?
What criteria must be met for the court to approve a pre-packaged sale?
Is a landlord entitled to draw on a letter of credit if a lease is disclaimed by a trustee?
Can a CBCA plan of arrangement be approved in the face of a fairness opinion that is "of no help" to the court?
What criteria must be met for a Canadian court to recognize a foreign freezing order?
Will the court enforce a contractual provision that eliminates property from the estate if it is commercially reasonable?