Preferences under s. 95 and the Rights of Secured Creditors - Tucker v. Aero Inventory (UK) Ltd., [2011] 17 octobre 2011 Frank Spizzirri, Shaheen Karolia The Ontario Superior Court of Justice addressed whether a trustee can pursue a preference action solely on behalf of, and for the benefit of a secured creditor or whether the proceeds of a preference action under s. 95 of the BIA is subject to the rights of secured creditors.
Follow-up to Re Charlestown Residential School, 2010 17 octobre 2011 Wojtek Jaskiewicz On July 21, 2010 Deputy Registrar Mills’ decision in Re Charlestown Residential School, 2010 was released. Deputy Registrar Mills held that an appeal from a trustee’s disallowance of a proof of claim was a true appeal.
Notes From The Chair 17 octobre 2011 Frank Spizzirri Fall is a special time of year for the insolvency bar. Practitioners are back in the saddle and ready to tackle matters that were put on the slow burner to allow for summer vacations. Lenders are back and looking at what to do with troubled loans for their upcoming quarter and year ends.