News & Analysis as of

Sale of Assets Canada

Miller Canfield

What Happens to an Employee’s Seniority after an Asset Sale?

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In the recent decision of Manthadi v Asco Manufacturing, 2020 ONCA 485 (“Manthadi”), the Ontario Court of Appeal has clarified that an employee’s past service with their former employer does not automatically transfer to a...more

Bennett Jones LLP

The Priority of Unpaid Post-Filing Creditors in a CCAA Proceeding

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On August 27, 2019, Quebec's Court of Appeal overturned the Quebec Superior Court's decision to give post-filing claims priorities over secured creditors' claims, stating that section 11.01 of the CCAA does not give automatic...more

Dorsey & Whitney LLP

A WARN Act Warning

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Under U.S. law, large employers have an obligation to notify their employees at least 60 days before a “plant closing” or “mass layoff.” This requirement can have serious implications for Canadian companies engaged in M&A...more

King & Spalding

Energy Newsletter - August 2017

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Practical Issues Under Joint Operating Agreements Relating to Withdrawals, Transfers and Changes in Control - In light of their long term objectives and potential future transactions, parties should consider the...more

Bennett Jones LLP

5 Tips for Preparing to Sell Your Oilfield Services Business

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The decision to sell a private business often represents the culmination of a life's work. Preparing your business for a sale involves an investment of time, effort and planning on a number of fronts. However, investing in...more

Bennett Jones LLP

Transfer of Operatorship of Oil and Gas Assets Upon Insolvency

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Operating agreements for oil and gas assets typically contemplate the immediate replacement of the operator by another working interest owner in the event of the operator’s insolvency. However, these provisions often become...more

Bennett Jones LLP

Bulletin 2016-16: Alberta Energy Regulator Releases New Requirements in Wake of Redwater Decision

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Industry and the public may face significantly higher costs as a result of the much anticipated decision of the Alberta Court of Queen’s Bench in Redwater Energy Corporation (Re), 2016 ABQB 278, issued on May 19, 2016. The...more

Bennett Jones LLP

Asset Sale Transactions – Shareholder Approval Requirements

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Canadian corporate statutes require approval by a special majority of shareholders (two-thirds) of the “sale, lease or exchange of all or substantially all of the property of a corporation other than in the ordinary course of...more

Bennett Jones LLP

Considering an Asset Sale Transaction? Be Aware of Shareholder Approval Requirements

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In the current economic climate, many companies are seeking alternative means of accessing capital for their businesses, including by selling assets when other means of financing may not be available. When considering an...more

Dickinson Wright

Canadian Bankruptcy Considerations in Factoring Transactions

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Factoring transactions, in which a buyer purchases outright or acquires an interest in a seller’s accounts receivable, are becoming increasingly common. Initially, the buyer must determine whether the transaction is to be...more

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