A summary of recent Canadian insolvency-focused court decisions.
What is the test for the transfer of bankruptcy proceedings to another court? The husband and wife married in September 2002 and separated in September 2018. After immigrating to Canada, the husband incorporated Cellicon for the purpose of operating his cell phone business. Because of…
Does a consent judgment on a fraud action with no mention of fraud on its face survive bankruptcy? MOS is a licenced mortgage brokerage. It held a third charge against a property owned by Heidary. MOS and Heidary agreed to the terms of a new…
Should senior secured lenders be placed in a separate class from subordinate secured lenders?
When is a connection between the deceitful conduct and the loss too remote to grant an exclusion under section 178(1)(e) of the BIA?
Can a lender obtain protection from the court against claims of improvident sale without the involvement of a receiver in the sale process?
Is a statue-barred debt a claim provable in bankruptcy?
What does the new duty of good faith under s. 4.2 of the BIA require in the context of a receivership application?
Can a trustee initiate an equalization claim under the Family Law Act?
What information does a court require on an interim hearing for a CBCA arrangement?
Can a contract providing for an option to purchase land be disclaimed?