Articles 2021

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.

This year’s winners were presented with the Award at the CLUC Annual Retreat and Cocktail Reception on June 3, 2015.

The Government of Ontario has proposed three significant amendments to the Personal Property Security Act (Ontario) in recent years which have not yet been brought into force.

It would seem, based on the recent decision of the Ontario Court of Appeal in Bank of Nova Scotia v. Diemer that the honeymoon experienced by insolvency lawyers over the past decade with respect to the manner in which their fees can be charged, is over.

An overview of the Superior Court's decision in Incondo Building Corporation v Sloan, which ended a decades-old legal battle offering guidance on the interplay between provincial limitations rules in the context of conveyance claims and claims advanced pursuant to section 38 of the Bankruptcy and Insolvency Act.

Judge Robert D. Drain of the Bankruptcy Court for the Southern District of New York recently issued a bench ruling in the Momentive Performance Materials.

Special purpose loans don’t always get special treatment.

Program on arctic glacier income fund restructuring.

Excerpts from the Commercial List Users' Committee Newsletter, February 2014

In December, the US Court of Appeals for the Second Circuit (NY) unanimously held that US bankruptcy courts may not recognize a foreign insolvency proceeding under the cross-border provisions of Chapter 15 of the US Bankruptcy Code unless the debtor has a domicile, residence or property in the US.