Perspectives and analysis on Canadian bankruptcy and insolvency law
Articles: 1-10 of 53
Regulatory Exception to the Stay of Proceedings
Canada - November 25 2025 The model Initial Order under the Companies’ Creditors Arrangement Act (the “CCAA”), pursuant to section 11.02 of the CCAA, provides a stay of…
Use of “Guillotine” Orders in CCAA Proceedings
Canada - November 21 2025 In Teal Jones Holdings Ltd. (Re), 2025 BCSC 2291, the Supreme Court of British Columbia recently granted what appears to be the first “guillotine”…
How Priority is Determined Between Interests Exempt from the PPSA
Canada - November 7 2025 Priority disputes among creditors with an interest in the debtor’s personal property are ordinarily determined by the various priority rules in the…
Budget 2024 extends debt forgiveness rules to bankrupt corporations
Canada - April 17 2024 On April 16, 2024, Canada’s Deputy Prime Minister and Minister of Finance, Chrystia Freeland, delivered the Liberal Government’s Federal Budget…
Civil Backlog and the Cost of Doing Nothing: Ontario Courts Show Increasing Willingness to Order Costs Where Parties Required to Bring Unnecessary Motions
Canada - March 1 2024 The current backlog in the Toronto Civil List - where even short motions are being scheduled more than a year out - has been the subject of…
There’s Something About (Hail) Mary: Appeals of Sale Processes and Pre-Receivership Sale Agreements
Canada - February 7 2024 Court approval of a sale process in receivership or Bankruptcy and Insolvency Act (“BIA”) proposal proceedings is generally a procedural order and…
Court-ordered charges under the Bankruptcy and Insolvency Act may rank before deemed trusts
Canada - October 20 2023 On October 18, 2023, the Québec Court of Appeal confirmed the Superior Court’s authority to declare that court-ordered charges under the Bankruptcy…
Substantive Consolidation of Solvent Entities? The Manitoba Court of Appeal Weighs In
Canada - September 20 2023 In Canada, there is a relative paucity of case law - especially from appellate courts - on substantive consolidation, which is the treatment of…
The Bixi Matter: the Postponement of an Equity Claim Based on a Secured Loan Declared Null
Canada - April 20 2023 In its March 20, 2023 ruling Syndic de Société de vélo en libre-service, 2023 QCCA 368, the Québec Court of Appeal addressed the trustee’s review of…
Ontario Court offers further guidance on Reverse Vesting Order Transactions
Canada - February 15 2023 In a recent decision in the CCAA proceedings involving the Cannapiece Group, Mr. Justice Osborne of the Ontario Superior Court of Justice rejected an…
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