Court cases

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Intercompany transfers: corporate reorganization or asset stripping?

Intercompany transfers: corporate reorganization or asset stripping?

When does moving money between related companies cross the line from corporate restructuring into a transfer at undervalue?

Matilda Lici
Matilda Lici
Court casesCourt cases
Court rejects blanket accommodation request in Hudson’s Bay CCAA proceedings

Court rejects blanket accommodation request in Hudson’s Bay CCAA proceedings

To what extent is a court required to accommodate parties to a proceeding?

Matilda Lici
Matilda Lici
Court casesCourt cases
Court tightens scrutiny of break fees in credit bid sale process

Court tightens scrutiny of break fees in credit bid sale process

What is the test for approval of a break fee where the offer is a credit bid?

Matilda Lici
Matilda Lici
Court casesCourt cases
Buyer can’t terminate real estate deal over vesting order error

Buyer can’t terminate real estate deal over vesting order error

Does a drafting error in an approval and vesting order allow a purchaser to walk away from the transaction?

Matilda Lici
Matilda Lici
Court casesCourt cases
Debtor seeks to discharge receiver with refinancing proposal

Debtor seeks to discharge receiver with refinancing proposal

Will the court discharge a receiver on the basis of a proposed refinancing?

Matilda Lici
Matilda Lici
Court casesCourt cases
Third party stay rejected

Third party stay rejected

When should the CCAA stay be extended to affiliated or otherwise connected parties?

Matilda Lici
Matilda Lici
Court casesCourt cases
Bondfield president appeals bankruptcy order as of right

Bondfield president appeals bankruptcy order as of right

Is a bankruptcy order appealable as of right?

Matilda Lici
Matilda Lici
Court casesCourt cases
Depositing funds in escrow does not beat insolvency

Depositing funds in escrow does not beat insolvency

Does depositing disputed funds with a lawyer create a trust that removes those funds from a debtor’s estate in insolvency proceedings?

Matilda Lici
Matilda Lici
Court casesCourt cases
Court approves use of RVO to preserve tax losses and avoid land transfer tax

Court approves use of RVO to preserve tax losses and avoid land transfer tax

Can an RVO be approved in a receivership to preserve tax losses and avoid land transfer tax?

Matilda Lici
Matilda Lici
Court casesCourt cases
Crown loses bid to claw back funds from TD Bank

Crown loses bid to claw back funds from TD Bank

Can an unsecured creditor who receives sale proceeds from a tax debtor rely on the bona fide purchaser defence to defeat the Crown’s deemed trust claim?

Matilda Lici
Matilda Lici
Court casesCourt cases
Court allows junior creditor to marshal debt

Court allows junior creditor to marshal debt

What is the test for marshalling debt?

Matilda Lici
Matilda Lici
Court casesCourt cases
Ordering an insurer to fund directors' defence costs in a CCAA?

Ordering an insurer to fund directors' defence costs in a CCAA?

Can a court order insurers to fund directors' defence costs in a CCAA?

Matilda Lici
Matilda Lici