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Climate Change and Insolvency: An Undeniable Intersection
Maryama Farah, LLM student at Osgoode Hall Law School | June 20, 2025
Recent climate litigation, including Canada (Attorney General) v. Mathur1 and Orphan Well Association v. Redwater Energy2, demonstrates that courts are increasingly willing to impose climate accountability on corporations, with direct implications for insolvency risk. These cases signal a growing trend: businesses that ignore climate liabilities may face financial distress, regulatory enforcement, and even court-ordered dissolution. In this article, winner of the OBA Michael MacNaughton Student Writing Award for Insolvency Law, Maryama Farah explains why, for insolvency law practitioners in Ontario, this shift demands urgent attention.
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When attempting to determine liability for the actions of a corporation, two common law doctrines come into play: the doctrine of lifting the corporate veil and the corporate attribution doctrine. Both are employed when the status of a corporation as a separate legal entity requires a distinction from the acts of its officers, leading to exceptions to the principle of limited liability or separate legal entity. However, these doctrines diverge in their applicable tests.
Learn moreSpencer Jones | September 22, 2022
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.
Learn more‘One For All’: When will courts appoint representative counsel?
Matilda Lici | September 22, 2022
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.
Learn moreCreditors Beware – The Time is Ripe for Equitable Subordination
Anthony Labib | September 09, 2022
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.
Learn moreHarte Gold Case Comment: Scrutinize the RVO
Daniel Alievsky and Shurabi Srikaruna | August 23, 2022
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.
Learn moreJoël Turgeon, Goldman Sloan Nash & Haber LLP | October 14, 2021
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.
Learn more2019 CCAA Amendments and their Impact on First-Day Relief
Namrata Bhagia, Michael MacNaughton Student Writing Award finalist | June 30, 2021
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.
Learn moreAquadis Case Comment: Extending the Reach of the Super Monitor
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.
Learn moreThe Separation of Statutes: The Effects of Bankruptcy on Spouses
Nadine Saba, Michael MacNaughton Student Writing Award finalist | June 30, 2021
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.
Learn moreBrendan Bissell and Alex Illchenko | February 24, 2021
It is with great sadness that we report that the former Registrar in Bankruptcy, Master Murray Ferron has passed away. Many of us began our insolvency careers in his Chambers and he was always a fair and decent Registrar and man with a great judicial legacy.
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