Bill C-228 was designed to protect pension plans in the wake of insolvency proceedings in Canada. However, the proposed legislation may have unintended consequences – and may even lead to… Read More
The MLT Aikins insolvency and restructuring practice group carried out assignments in 2022 as counsel to debtor companies, lenders and court officers administering insolvency proceedings. The 2022 Insolvency & Restructuring… Read More
Following the conclusion of the EncoreFX Proceedings under the Companies’ Creditors Arrangement Act (“CCAA”), Ernst & Young Inc. (“EY,” initially the “Trustee,” and then the “Monitor”) brought an application on… Read More
There’s a chance the arbitration clauses in your construction contracts may not survive an insolvency proceeding, as illustrated by a recent decision from the Supreme Court of Canada (“SCC”).
On November… Read More
Business insolvency filings skyrocketed in the third quarter of 2022 as the country grappled with continued interest rate hikes amid the highest inflation seen in decades.
According to the latest data… Read More
Before October 3, 2022, the rules of procedure in the Saskatchewan Court of Appeal (unlike those in most other appeal courts in Canada) imposed a stay of proceedings in most… Read More
Just because a company has gone bankrupt doesn’t mean its contracts are unenforceable, the Supreme Court of British Columbia has confirmed.
On July 5, B.C.’s Supreme Court rendered its decision in… Read More
Authors: Jeff Lee, Q.C., William E. J. Skelly, Dana Nowak, Ryan Zahara, J.J. Burnell, Catrina Webster, Paul Olfert, James Rose, Mandi Deren-Dubé, Marek Coutu, Katelyn Jones, Kaitlin Ward, Michael Marschal,… Read More
Authors: Vanessa Mensink, William E. J. Skelly
A recent decision from the B.C. Court of Appeal found that plans of arrangement or compromise aren’t prerequisites to refinancing a development.
In Port Capital Development (EV)… Read More
Authors: Vanessa Mensink, Dana Nowak, William E. J. Skelly
One year to the day from when EncoreFX Inc. made an assignment in bankruptcy pursuant to the Bankruptcy and Insolvency Act (BIA), Ernst & Young… Read More
