About Articles The following articles are published by the Insolvency Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: R. Brendan Bissell


When the Polluter Doesn’t Pay: A Critical Review of Redwater and its Implications

  • June 07, 2018
  • Nicholas Avis

The winning entry for the 2018 Michael MacNaughton Student Writing Award for Insolvency Law, the article considers the controversial decision of the Alberta Court of Appeal affirming the decision in Redwater Energy Corporation (Re) (2016), 33 Alta LR (6th) 221 (Alta QB).

Environmental Law, Insolvency Law, Student Forum
What Would Churchill Do?

What Would Churchill Do?

  • May 18, 2018
  • Edward Olkovich

Creative abstraction can enable problem-solvers to move beyond stated positions and assumptions by using more than just the power of logic and persuasion as the primary means of conflict resolution in order to uncover the underlying interests, fears and concerns of the parties.

Alternative Dispute Resolution, Insolvency Law, Student Forum

Early Termination Fees and Section 244 of the Bankruptcy and Insolvency Act

  • May 12, 2017
  • Lisa Corne

Early termination fees, or make whole payments, as they are sometimes called, are an integral part of the overall economic arrangement negotiated by lenders. Therefore, lawyers advising secured lenders on strategies for recovery of their indebtedness should be aware that certain seemingly innocuous actions may jeopardize a lender’s entitlement to recover an early termination fee.

Insolvency Law

Planes, Leaves and Appeals: Appeals Under Section 193(c) of the Bankruptcy and Insolvency Act

  • July 19, 2016
  • Craig A. Mills, Miller Thomson LLP

Appeals in the insolvency arena, although procedurally governed by provincial rules of civil procedure, become a little more complicated when dealing with the appeal provisions contained in the BIA. That means that when appealing an order granted under the BIA, the first thing you need to figure out is whether you have an automatic right of appeal or if you need to seek leave to appeal.

Insolvency Law

$7.3 Billion For Everyone: Nortel Networks Corporation (Re) – Asset Allocation Trial

  • June 30, 2015
  • Jeffrey Levine, Stephen Eddy and Bettina Xue

In the recent highly publicized decision involving Nortel’s global insolvency, the Ontario Superior Court of Justice ordered a novel asset allocation scheme. This case demonstrates the tremendous flexibility of the Companies’ Creditors Arrangement Act (“CCAA”) and the discretion the CCAA provides to courts.

Insolvency Law