Canada’s two main insolvency and restructuring statutes, the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA) were recently amended to include a new duty of good faith on the part of all...more
1/28/2020
/ Bankruptcy and Insolvency Act (BIA) ,
Bankruptcy Code ,
Bankruptcy Court ,
Canada ,
Commercial Bankruptcy ,
Corporate Restructuring ,
Creditors ,
Debtors ,
Equitable Subordination ,
Good Faith ,
Insolvency ,
Supreme Court of Canada ,
The Companies' Creditors Arrangement Act
In a unanimous decision issued November 8, 2018, the Supreme Court of Canada granted the appeal of the decision of the Federal Court of Appeal in Canada v Callidus Capital Corp, 2017 FCA 162. Secured creditors who receive...more
On February 1, 2013, the Supreme Court of Canada (SCC) released its much-awaited decision in the Indalex case. While the central issue in Indalex was the priority of wind-up deficiencies in defined benefit pension plans...more
2/13/2013
/ Bonds ,
CCAA ,
Constructive Trusts ,
Creditors ,
Debtors ,
Debtors-in-Possession ,
Defined Benefit Plans ,
Fiduciary Duty ,
Indalex ,
Lenders ,
Pension Benefits Act ,
Pensions ,
Restructuring ,
Statutory Deemed Trusts ,
Wind-Up Process