News & Analysis as of

Corporate Restructuring Canada

Blake, Cassels & Graydon LLP

Third-Party Insolvency Proceedings: Six Tips for General Counsel

Commercial insolvencies are expected to steadily increase in the near-term due to higher interest rates, supply chain disruption and corresponding increased commodity costs. A rise in commercial insolvencies will increase the...more

Blake, Cassels & Graydon LLP

Centralization in Canadian Insolvency Proceedings

Commercial insolvency can affect stakeholders located in multiple jurisdictions and possessing diverse legal rights. A recent notable trend in Canadian insolvency law is the centralization in insolvency proceedings, where...more

Bennett Jones LLP

The Supreme Court of Canada Rules on Intersection of Insolvency and Arbitration Law

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On November 10, 2022, the Supreme Court of Canada (SCC) issued its much-anticipated decision in Peace River Hydro Partners v Petrowest Corp, 2022 SCC 41, addressing a key intersection of insolvency and arbitration law—whether...more

Bennett Jones LLP

Alberta is Open for Corporate Reorganizations

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Courts Now Have More Discretion Regarding Plans of Arrangement Under Alberta's Amended Business Corporations Act - As discussed in our previous insight, Additional Changes to Alberta's Business Corporations Act Now in...more

Harris Beach PLLC

Hard Money to Owe: Gotham Green Partners v. iAnthus Capital Holdings, Inc.

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A dispute making its way through Canadian courts shows how cannabis companies in the United States face stiff challenges raising money to expand their operations, even as states begin regulating cannabis markets across the...more

Bennett Jones LLP

Stoneway: Use of the CBCA as a Cross-Border Restructuring Tool

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In May 2022, the Canada Business Corporations Act (CBCA) was used to implement a cross-border and international restructuring of a group of companies (collectively known as Stoneway),1 whose principal business is the...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Canada (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER CANADIAN LAW - 1. Canada's Political and Legal System - Canada has a Federal constitution that was significantly overhauled in the early 1980's,...more

Blake, Cassels & Graydon LLP

La CSC confirme la discrétion du tribunal de suspendre le droit d’exercer compensation pré-post en vertu de la LACC

Le 10 décembre 2021, la Cour suprême du Canada (la « CSC ») a rendu sa décision dans l’affaire Montréal (Ville) c. Restructuration Deloitte Inc. (l’« affaire Groupe SM ») concernant les procédures déposées en vertu de la LACC...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada confirms CCAA Court's discretion to stay Pre-Post Set-off/Compensation

On December 10, 2021, the Supreme Court of Canada (SCC) released its decision in Montréal (City) v. Deloitte Restructuring Inc. (In the matter of the CCAA Proceedings of Le Groupe SM et al) (Groupe SM), providing clarity...more

Blake, Cassels & Graydon LLP

Key Developments In Canadian Insolvency Case Law In 2020

In 2020, several significant judicial decisions were rendered across Canada relevant to commercial lenders, businesses and restructuring professionals. This bulletin summarizes the core issues of importance in each case and...more

Blake, Cassels & Graydon LLP

AllSaints USA Limited: English Company Voluntary Arrangement Recognized for the First Time in Canada

The Ontario Superior Court of Justice (Canadian Court) recently recognized, for the first time, an English company voluntary arrangement (CVA) proceeding commenced pursuant to the UK Insolvency Act 1986 (Insolvency Act). ...more

Bennett Jones LLP

Mind Your Appeal Route: Insolvency Rules Likely to Prevail over Provincial Legislation

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The Court of Appeal for Ontario's decision in Dal Bianco v Deem Management Services Limited, 2020 ONCA 585 [Dal Bianco] is the most recent pronouncement on resolving procedural conflicts between the Bankruptcy and Insolvency...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Canada

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER CANADIAN LAW - 1. Canada's Political and Legal System - Canada has a Federal constitution that was significantly overhauled in the early 1980's,...more

Bennett Jones LLP

The New Duty of Good Faith in Canadian Insolvency Proceedings

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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

Bennett Jones LLP

Navigating Uncertainty: Restructuring and Insolvency in the Cannabis Sector

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As the cannabis industry has matured, investor enthusiasm has been tempered by financial results that have fallen short of projected figures. The industry continues to face retail regulatory hurdles, particularly in Ontario....more

Jones Day

Cross-Border Restructuring Case Study: syncreon

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The Situation: Jones Day recently represented a group of secured term loan and revolver lenders in the global restructuring of syncreon Group B.V. ("syncreon")—a leading provider of logistics services with over 14,000...more

Blake, Cassels & Graydon LLP

Recent Developments in Canadian Insolvency Case Law: What Lenders Need to Know

In 2017, a number of insolvency cases were litigated, in various provinces across Canada, which may materially affect the realization and recovery rights of commercial lenders in restructuring and insolvency proceedings. This...more

Blake, Cassels & Graydon LLP

Retail Insolvencies in Canada Series, #2: Supplier Perspectives

This is the second instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders. The Companies’ Creditors Arrangement Act (Canada) (CCAA) is the principal statute for the...more

Katten Muchin Rosenman LLP

Sears Canada Files for CCAA Protection: A Distressed Investor's Overview of US Bankruptcy and Canadian Insolvency Law

On June 22, Sears Canada Inc. ("Sears Canada") and certain affiliates1 (collectively, the "Sears Canada Group") sought and obtained insolvency protection under the Companies' Creditors Arrangement Act (CCAA) from the Ontario...more

Bennett Jones LLP

Doing Business in Canada

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Forms of Business Organization in Canada - Canadian business laws are well developed. Several different types of business structures are available in Canada. Each features unique advantages and disadvantages. ...more

Blake, Cassels & Graydon LLP

Doing Business in Canada

This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues...more

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