Insolvency News
- Notes From The Chair
- Follow-up to Re Charlestown Residential School, 2010
- Preferences under s. 95 and the Rights of Secured Creditors - Tucker v. Aero Inventory (UK) Ltd., [2011]
- Case Comment: Schreyer v. Schreyer
- OBA Insolvency Law Section Crossword – Edition #1
Volume 26, No. 4 - May/Mai 2011
In this issue:
- Re Indalex Limited 2011 ONCA 265 Case Comment
- On What Legal Basis is a Report Admissable as Evidence? Farber & Partners Inc. v. Morris Goldfinger et al
- Interplay Between the Limitations Act and Section 38 of the BIA: A Review of Incondo Building Corp. v. Sloan
Volume 26, No. 3 - March/Mars 2011
In this issue:
- Procedure on an Appeal from a Trustee’s Disallowance of a Proof of Claim
- Supreme Court of Canada: Unmuddling the Muddled Intersection of Provincial Personal Property Security Legislation and the Bank Act
- Legal Representation in Receiverships – Who Pays
- Case Comment on Century Services v. Canada (A.G.), 2010 SCC 60.
- Upcoming Breakfast Program: The Nuts and Bolts of Intercreditor Agreements
Volume 26, No. 2 - December/Décembre 2010
In this issue:
- Bulk Sales Restrictions and Section 65.13 of the BIA
- Risk Mitigation Key to Receivers Assuming Operations of Licensed Liquor Establishments
- Bankruptcy Forms Production
- Commercial List Authorities Book
Volume 26, No. 1 - October/Octobre 2010
In this issue:
- Foreign Representatives Can Bring Foreign Avoidance Actions in Chapter 15 Cases
- US Chapter 15 Judge's Denial of Worldwide Extension of Automatic Stay - Analysis of the In re JSC BTA Bank Decision and its Impact on the Scope of the Automatic Stay under Chapter 15
- Court Declines to Approve Sale of Assets as Part of Proposal Proceedings
- The 2010 Amendments to the Commercial List Practice Direction
Volume 25, No. 3 - May/Mai 2010
In this Issue:
- Removing a Bankrupt Trustee
- Understanding the use and limits of the Repair and Storage Liens Act in Insolvency Proceedings
- U.S. Chapter 15 Judge’s Application of Principles of Comity Provide a Basis for Enforcement of Canadian Orders within the United States – Analysis of In re Metcalfe & Mansfield Alternative Investments
- Re Indalex
- Successful Passport Series wraps up May 18th
- Ottawa Insolvent? Oh my!
- Commercial List Users Annual Retreat - June 2, 2010
- Robin D. Walker, Q.C., to Receive the OBA Murray Klein Award
Volume 25, No. 2 - January/Janvier 2010
In this Issue:
- Court Denies CCAA Protection for Debtor Companies
- Creditor’s Options in a Consumer Proposal
- Recent Pension-Insolvency Law Developments
- The Taming of the Inbox
- U.S. Bankruptcy Law Update: General Growth – A Model for Secured Debt Restructuring and Preservation of Equity in Real Estate Investment Trusts
- Mark Your Calendar: The 35th Annual OBA Institute is Coming!
Volume 25, No. 1 - October/Octobre 2009
In this Issue:
- Welcome From the Chair
- Summary of Some of the Key Commercial Insolvency Related Amendments to the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act
- WEPPA – Lessons Learned During the First Year
- Recent Pension-Insolvency Law Developments
- E-Document Exchange Pilot Project
Volume 24, No. 3 - June/Juin 2009
In this Issue:
- Cross Border Guarantees and DIP Financing
- Court Denies Request for a Sealing Order for Transcript of Section 163(1) Examination Under the Bankruptcy and Insolvency Act
- Chapter 15 Court Rules No Jurisdiction to Preside Over Avoidance Action
- Education Program, Gold Day and Dinner
Volume 24, No. 2 - February/Février 2009
In this Issue:
- Licenses and Parliament's Lexicon
- Continuing Challenges in the Automotive Sector: Restructuring Options
- Limitation Periods for Guarantees: The Bank of Nova Scotia vs. Williamson
- Is that Approval and Vesting Order binding on a Trustee in Bankrupcty?
- Chapter 15 Plays its Role in Tembec Recapitalization
Volume 24, No. 1 - August/Août 2008
In this Issue:
- The Wage Earner Protection Program and the Employee Remuneration Charge
- Message from the Chair
- Case Comment on Sally Creek Taxation
- Bankruptcy Trustee's Personal Liability — Avoiding the Dangers Enumerated by Greenstreet Management
- Secured Claims in Proposal Proceedings
- The Chronicles of Property of the Bankrupt: Trustees, Interim Receivers and the Law of Trusts
- U.S. Bankruptcy Updates
- Upcoming Program
- Section Executive 2008-2009
Volume 23, No. 4 - May/Mai 2008
In this Issue:
- No Priority in Bankruptcy for Directors' Legal Fees
- Vesting Orders Revisited?
- Case Comment: MPX
- Upcoming Programs
- Section Executive 2007-2008
Volume 23, No. 3 - April/Avril 2008
In this Issue:
- What's in a Name? The Use of Trademarks in Liquidations
- Court Declines to Grant a Vesting Order Vesting Out Leasehold Interest
- Bankruptcy of Greenstreet Management Inc.
- How does a Company Prevent Key People from Jumping Ship in Critical Times?
- Upcoming Program
- Section Executive 2007-2008
Volume 23, No. 2 - January/Janvier 2008
In this Issue:
- New Model Orders
- The Companies' Creditors Arrangement Act, Section 9
- Recent Developments in CCAA Orders re: Landlord and Tenant Issues
- OBA Young Lawyers' Division — What Membership in Our Section Can Do for You
- Upcoming Program
- Section Executive 2007-2008
Volume 23, No. 1 - October/Octobre 2007
In this Issue:
- Repossession of Goods by Unpaid Supplier and Non-Possessory Repairers' Lien
- Remarks from the Chair
- Upcoming Program
- Caveat Emptor: A Word of Caution to Prospective Purchasers in Court-Appointed Receiverships
- Secured Creditor Prevails Over Trust Claimants
- Newsletters Now Electronic: Message from the Chair of Section
- National Pro Bono Mentorship Program/Le programme national de mentorat pro bono
- Section Executive 2007-2008
Volume 22, No. 3 - May/Mai 2007
In this Issue:
- Demand Obligations and Limitation Periods: Hare v. Hare
- Air Canada Revisited: A Tale of Claims Bar Dates
- Storer's Lien under the Repair and Storage Liens Act
- Provincial Collection and Recovery Remedies: An Overview
- Case Comment on In re: SphinX, Ltd.
- Section Executive 2006-2007
Volume 22, No. 2 - February/Février 2007
In this Issue:
- Pension Claims - Predictability is the Real Priority
- David Stewart Retires from OSB on February 23, 2007
- Proposed Insolvency Law Amendments - Take Two
- Bankruptcy Court Apportions Settlemnt Proceeds from Motor Vehicle Claim
- The Use and Disclosure of Personal Information by Participants in a Bankruptcy
- The Line between Judicial Comity and Judicial Deference - The Carey Canada Inc. Decision
- A Victory for Equipment Suppliers: The Case of 994814 Ontario Inc. v. RSL Canada Inc.
- Tax Aspects of Debt Settlement: A Primer
- Section Executive 2006-2007
Volume 22, No. 1 - October/Octobre 2006
In this Issue:
- GMAC Commercial Credit Corporation - Canada v. T.C.T. Logistics Inc., 2006 SSC 35
- Section Chair's Message
- Perfection Must be Maintained During Insolvency Proceedings
-
Director's Liability under the Canada Business Corporations Act: Part 2
-
The Use and Disclosure of Personal Information by Participants in a Bankruptcy
-
The New Standard Form Template CCAA First-Day Orders
-
The OBA Insolvency Law Section Website: http://www.oba.org/en/bkt/bkt_en
-
OSB Seeking Oral Board Members
-
Section Executive 2006-2007
Volume 21, No. 3 - June/Juin 2006
In this Issue:
-
Court of Appeal Upholds Recognition of Foreign Solvent Scheme of Arrangement: Re Cavell Insurance Company Limited
-
2005-2006 - The Insolvency Year in Review - Report from the Insolvency Law Section Chair
-
Directors' Liability under the Canada Business Corporations Act
-
Justice Ground Restores the Status Quo: The Decisions in McClory and Silbernagel
-
Protecting Post-Filing Advances Made by Trade Creditors in Companies' Creditors Arrangement Act Proceedings
-
Registrar in Bankruptcy Grants Sale Approval and Vesting Order
-
Inaugural Meeting of the Registrar's Court Committee
-
Section Executive 2005-2006
Volume 21, No. 2 - February/Février 2006
In this Issue:
-
Update on Federal Court Jurisprudence Relating to the Deemed Trust
-
Changes to Preference in U.S. Bankruptcy Code Will Affect Canadian Creditors
-
Court of Appeal Denies Employees' Trust Claim for Unremitted Pension Monies
-
A Latin American Twist to the Re Teleglobe Inc. Restructuring
-
Repair and Storage Liens Act. Additional Recent Cases
-
Protecting Pensions in Restructurings - Upholding Contributions North of the Border
-
Case Summaries
-
Issuers, Directors and Officers Take Comfort in Court of Appeal's Decision in Danier
-
Update on Advocacy and Government Relations Activities by the Insolvency Law Section Executive
-
Section Executive 2005-2006
Volume 21, No. 1 - November/Novembre 2005
In this Issue:
-
Bill C-55
-
Opening Remarks from the Insolvency Law Section Chair
-
Ivaco Inc.: Treatment of Provincial Trust Claims in a Liquidating CCAA
-
A Message from Claude Gilbert, Chair, CAIRP
-
Receivers: An Endangered Species and Why Bill C-55 Won't Save Them
-
Premium Insurance Finance Industry Exhales
-
Section Executive 2005-2006
Volume 20, No. 3 - May/Mai 2005
In this Issue:
-
Year-End Program - Commercial List Golf Day Double Header
-
Remarks from the Chair
-
The E-Filing and E-Service Protocol (as Adopted by the Commercial List Users Committee): A Quick Summary and Users Guide
-
Tinted Blue: Forward Commodity Contracts after Androscoggin Energy LLC
-
Court of Appeal Overrules Decision to Rescind Appointment of Stelco Directors: Re Stelco, [2005] O.J. No. 1171 (C.A.)
-
Repair and Storage Liens Act - Two Recent Cases
-
Transitioning Proceedings from the Companies' Creditors Arrangement Act to the Bandruptcy and Insolvency Act
-
TCT Logistics - Provincial Deemed Trust Priority Fails
-
Richtree Inc. - Another Perimeter to the CCAA Court's Jurisdiction
-
Ontario Commercial List Office and Bankruptcy Office Now Accessible by E-mail
-
Insolvency Law Proposed Section Executive 2005-2006
Volume 20, No. 2 - February/Février 2005
In this Issue:
-
A Trilogy Completed: Re Ottawa Senators Hockey Club Corp.
-
Upcoming Programs
-
Update on Obtaining Vesting Orders for Privately-Appointed Receivers
-
Status Update - Bills C-223 and C-281
-
The Federal Law-Civil Law Harmonization Act, No. 2
-
Standard Template Receivership Order
-
Senate Bill (S-19)
-
Mums Unlimited Incorporated and 3-D Greenhouses Inc.
-
Commercial List Judges Roster
-
Re The Graphicshoppe Limited: Trust Claim for Pension Deductions
-
Canada Revenue Agency - Centralized Insolvency Process
Volume 20, No. 1 - September/Septembre 2004
In this Issue:
-
An Evening with the Court of Appeal
-
Remarks from the Chair
-
The Aftermath of T.C.T. Logistics
-
Canadian-Automatic Data Processing Services Ltd. v. Bentley, 2004 BCCA 408
-
Archibald Candy Corporation - The Cross-Border Sale of Assets of Laura Secord
-
Update on Steel Company Insolvencies
-
Case Summaries
-
Commercial List News
-
Bankruptcy Reform Update
Volume 19, No. 4 - May/Mai 2004
In this Issue:
-
Court Holds that Trustee Cannot Claim Litigation Privilege
-
Remarks from the Chair
-
Application of Income Tax Payments
-
Private Receiver Seeks and Obtains Vesting Order
-
Definition of "Insolvent" under the CCAA - Going Broke is Enough
-
Bankruptcy Court Cannot Eliminate Successor Employer Liability for Receivers and Trustees
-
Commercial List Users Golf Tournament
Volume 19, No. 3 - March/Mars 2004
In this Issue:
-
Hot Trick for Tax Debtor - Interest, Penalties on Source Remittances and GST under Federal Deemed Trust Provisions are not Super-Priority Claims in a CCAA Proceeding
-
Bank of Montreal v. Canada (Attorney General), [2003] O.J. No. 2821 (Ont. C.A.)
-
BF Realty Holdings Ltd. v. Millgate Financial Corporation Limited and Thompson Macdonald et al. (November 12, 2003), Ontario 93-CQ-4502 & 96-CU-176419 (Ont. Sup. Ct.) (Unreported)
-
Payments to Critical Vendors
-
Advent Sales & Marketing Corp. (Re), [2003] O.J. No. 3565 (Ont. S.C.J.)
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Creativity in Insolvency? The Ottawa Senators: Crafting the Order to Fit the Deal
-
Summary of National Trust Co. v. H&R Block Canada Inc., [2003] S.C.J. No. 70
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Summary of Domgroup Ltd. v. Crystaline Investments Ltd., 2004 S.C.C.3
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Royal Crest Life Care Group Inc., [2004] O.J. No. 174 (C.A.)
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Case Comment
Volume 19, No. 2 - November/Novembre 2003
In this Issue:
-
Recent Decisions from the Air Canada Proceedings
-
Recent Canada Customs and Revenue Agency Cases
-
Case Summaries
-
Who's Who in Current Major Matters
In this Issue:
-
Highlights from the Air Canada CCAA Restructuring
-
Remarks from the Chair
-
Case Comment on Global Payments v. Air Canada
-
Pre-Petition Payments Critically Recalled
-
CCAA Does Not Automatically Stay Federal Court Proceedings: Always Travel Inc., et al v. Air Canada, et al, 2003 FCT707
-
Case Comments
Volume 18, No. 3 - May/Mai 2003
In this Issue:
-
Air Canada Restructuring under the Companies' Creditors Arrangement Act
-
Industry Canada Reports on the Operation and Administration of the BIA and CCAA
-
Bank of Montreal v. Maple City Ford Sales (1986) Ltd.
-
Syndicat National de l'Amiante d'Asbestos Inc. v. Mine Jeffrey Inc.
-
Re Peoples Department Stores Ltd. (1992) Inc.
-
Case Summaries
-
Who's Who in Current Major Matters
In this Issue:
-
Recent Ontario Environmental Law Amendments
-
A Brief Overview of the Personal Insolvency Task Force: Final Report
-
Federal Harmonization Proposals
-
Case Comments
-
Who's Who in Current Major Matters
Volume 18, No. 1 - October 2002
In this Issue:
-
The Alberta Court Puts the Brakes on Interim Receivership Orders
-
Remarks from the Chair
-
A Look at the Current State of the Law of the Priority of Pension Benefit Obligations over Secured Lenders
-
Don't Despair! - Equipment Financiers Who Fail to Follow Appropriate Steps to get PMSI Priority May Still Obtain Super-Priority Status
-
Case Comments
Volume 17, No. 4 - May 2002
In this Issue:
- Deemed Trust Wars: BCCA Overturns Conditional Sales Agreements Decision
- Message from the Chair
- Bankruptcy and Insolvency Act Reform Process Update
- Editors' Note
- Commercial List News
- Aircraft Lessors are not Liable for Canada 3000 Inc.'s Unpaid Navigation Charges and Airport Fees
- Case Summaries
- Proposed Insolvency Law Section Executive 2002-2003
Volume 17, No. 3 - March 2002
In this Issue:
- MTLA Awards: Justice Farley Honoured
- Bankruptcy and Insolvency Act Reform Process News
- Canada Customs and Revenue Agency ("CCRA"") Super-Priority Watch
- Recent Decisions
- Re The Song Corporation, [2002] O.J. No. 13 (January 7, 2002)
- Upcoming Programs
Volume 17, No. 2 - January 2002
In this Issue:
- CBC
- Registrar's Retirement Dinner
- Ontario Superior Court
- Bill S. 11
- Personal Insolvency Task Force
- Proposed Regulations Under the Brownfields Statute Law Amendment Act Affecting Insolvencies
- Equitable Subordination in Canada?
- Transfer of Liquor Licenses to a Trustee/Receiver and Manager
- Schwab Construction Ltd.
- Court of Appeal Validates CCAA Interim Sale Jurisdiction
- Directors Found Liable for Corporate Expenses Incurred by Employees
- Critical Suppliers
- Upcoming Programs
Volume 17, No. 1 - October 2001
In this Issue:
- Bill 56: Brownfields Statute Law Amendment Act, 2001
- Remarks from the Chair
- Section 81.1 Rights
- Update of the BIA/CCAA Reform Process
- Court of Appeal reluctant to interfere in ongoing CCAA proceedings
- True vs. Financing Leases: The Paccar v. Win-Storm Trucking Case
- Case Summary: Re Smoky River Coal Ltd.
- Re Copeland: Determining the Operational Date and Time of an Assignment in Bankruptcy?
- Case Comment: MGI Packers
- Upcoming Programs
Volume 16, No. 4 - May 2001
In this Issue:
- Upcoming Programs
- Message from the Chair
- Correction to Bill C-24 Article in the Last Edition of the Newsletter (Vol. 16, No. 4, April 2001)
- Canadian Court Applies ALI Communication Guidelines
- Statutory Lien for Unpaid Employee Wages Has Priority Over Court Appointed Receiver's Charge
- A Court-Appointed Receiver Has a Duty to Keep Current and Pay the Arrears of Municipal Realty Taxes
- A Bank's Right of Set-Off in the Face of Receipt of a Garnishment
- Royal Oak Interim Receiver Not Obligated to Make Contributions to Employee Pension Plan
- Update of the BIA/CCAA Reform Process