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Insolvency News
 
Volume 27, No. 1 - October/Octobre 2011

In this issue:
  • 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.)
  • 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
  • Summary of Domgroup Ltd. v. Crystaline Investments Ltd., 2004 S.C.C.3
  • Royal Crest Life Care Group Inc., [2004] O.J. No. 174 (C.A.)
  • 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