Articles

About ArticlesLes articles ci-dessous sont publiés par la Section du droit de l'insolvabilité de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteurs : Gregory Azeff

Aujourdʼhui
Aujourdʼhui

‘One For All’: When will courts appoint representative counsel?

  • 22 septembre 2022
  • Matilda Lici

Matilda Lici of Aird and Berlis LLP discusses recent decisions from across Canada dealing with the appointment of representative counsel and the various factors that will inform a court’s exercise of discretion.

Droit de l’insolvabilité, Student Forum

Lying isn’t always Lying: The Ontario Court of Appeal takes a purposeful interpretation of s. 178(1)(e) of the Bankruptcy and Insolvency Act

  • 22 septembre 2022
  • Spencer Jones

Spencer Jones of Lerners LLP summarizes a decision where the Ontario Court of Appeal considered the meaning of the term “debt or liability resulting from obtaining property or services by false pretences or fraudulent misrepresentation” and whether false statements made during a discovery in underlying litigation is included within this term.

Droit de l’insolvabilité, Student Forum

Creditors Beware – The Time is Ripe for Equitable Subordination

  • 09 septembre 2022
  • Anthony Labib

In late 2019, section 18.6 of the Companies’ Creditors Arrangements Act and section 4.2 of the Bankruptcy and Insolvency Act were introduced, requiring all interested parties to a proceeding to act in good faith. The 2019 Amendments do not define “good faith” or provide specific remedies for a breach of it. Rather, the amendments provide the court with unfettered discretion to make any order it considers appropriate when a stakeholder breaches its good faith obligation.

Droit de l’insolvabilité, Student Forum

Harte Gold Case Comment: Scrutinize the RVO

  • 23 août 2022
  • Daniel Alievsky and Shurabi Srikaruna

Harte Gold Corp (Re) held that greater scrutiny should be exercised when deciding to grant an RVO, that RVOs should be considered an extraordinary measure. The impact of this case is that parties seeking approval for their RVO structure will be required to meet a higher evidentiary threshold, allowing a court to determine that their RVO structure is necessary, economical, and a viable alternative, that causes the least amount of harm to all stakeholders in comparison to alternate options.

Droit de l’insolvabilité, Student Forum

Exiting the BIA NOI Process Without a Proposal: Court Approves Company’s Withdrawal of Proposal After Return to Solvency

  • 14 octobre 2021
  • Joël Turgeon, Goldman Sloan Nash & Haber LLP

Following the refinancing and repayment of first-ranking debt during a restructuring under the BIA, one of the subsidiaries in the debtor group, Down Under Pipe and Cable Locating Ltd., was solvent again, its only remaining creditor being a related party. Despite its return to solvency, Down Under still faced bankruptcy since the BIA prevents related parties from voting in favour of proposals.

Droit de l’insolvabilité, Student Forum

Aquadis Case Comment: Extending the Reach of the Super Monitor

  • 30 juin 2021
  • Alexander Overton, Western University Faculty of Law, recipient of the Michael MacNaughton Student Writing Award for Insolvency Law

The role played by the CCAA monitor in assisting the court as it shepherds along a corporate restructuring has evolved significantly over time. While still acting as the eyes of the court and standing apart from any particular stakeholder, recent developments in insolvency law have seen the monitor take on an increasingly active part in proceedings. The decision of the Québec Court of Appeal in Aquadis affirmed another such expansion of the monitor’s powers.

Droit de l’insolvabilité, Student Forum

2019 CCAA Amendments and their Impact on First-Day Relief

  • 30 juin 2021
  • Namrata Bhagia

The purpose of this article is to determine the practical implications of the CCAA amendments on timeline of initial stay order and first-day relief. In doing so, the initial orders in Clover Leaf Holdings Company, Re, Lydian International Limited (Re), and Laurentian University of Sudbury will be briefly analysed and compared.

Droit de l’insolvabilité, Student Forum

The Separation of Statutes: The Effects of Bankruptcy on Spouses

  • 30 juin 2021
  • Nadine Saba

In this paper, the author argues that legislative reform is necessary to ease the impact of the treatment of divorcing spouses as unsecured creditors in a bankruptcy. Nadine Saba first provides an overview of the bankruptcy and family legislation, with a discussion of the seminal case law. She then discusses the feminization of poverty, and concludes with suggestions for legislative changes.

Droit de l’insolvabilité, Student Forum

Notice to the Profession - Toronto - March 18

  • 22 mars 2021

A link to the latest amendments to the Notice to the Profession - Toronto, which include updates to the Registrars in Bankruptcy section (Section F).

Droit de l’insolvabilité, Student Forum