The Cautious Embrace of RVOs: What Courts Now Expect

Wojtek Jaskiewicz and Matt Gaulton of WeirFoulds explain that recent Canadian decisions confirm courts have jurisdiction to approve reverse vesting orders in receiverships under the BIA, but only on strict, evidence-based proof that the structure is truly necessary, delivers an economic outcome at least as good as any viable alternative, causes no stakeholder prejudice, and reflects fair value for preserved licences and intangibles, signalling a cautious but real judicial acceptance of RVOs beyond the CCAA.

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