Leave to Appeal is Required to Appeal a BIA Receivership Order 08 juillet 2013 George Benchetrit, Sam Rappos The decision of Justice Blair of the Court of Appeal of Ontario in Business Development Bank of Canada v. Pine Tree Resorts Inc. is of significant importance for insolvency practitioners
Recent Sino-Forest Decision Confirms the Availability of Third Party Releases Where there have been Allegations of Fraud Against the Company and Others 08 juillet 2013 John Pirie, David Gadsden, and Shaheen Karolia In Labourers' Pension Fund of Central and Eastern Canada v. Sino-Forest Corporation , Justice Morawetz approved Ernst & Young LLP's $117 million settlement relating to class action lawsuits commenced following the downfall of Sino-Forest Corporation.
Cross-Border Insolvency in the U.S. Under Chapter 15 of the Bankruptcy Code 16 avril 2013 Garry M. Graber On April 20, 2005 the Bankruptcy Abuse Prevention and Consumer Protection Act was passed, and consequently Chapter 15 was added to the Bankruptcy Code of the U.S.
He Who Suffers Later, Suffers Less: Among Ponzi Scheme Victims, Court Favours Those Who Invested Towards Fund’s End 16 avril 2013 Jeffrey Levine, Nathan Rayan In Boughner v Greyhawk Equity Partners Ltd., the Ontario Court of Appeal recently affirmed a ruling concerning the preferable method for distributing money out of a fund comprised of comingled cash contributed by many innocent investors who were victims of a fraudulent scheme.
Re AbitibiBowater Inc.: Insolvency v. Environmental Legislation – Still A Lot of Clean Up to Do 16 avril 2013 Robin Schwill The Supreme Court of Canada released its decision in Newfoundland and Labrador v. AbitibiBowater Inc. on December 7, 2012.
Indalex – The SCC Rules on Key Issues Affecting DIP Lenders, Employers and Secured Creditors 16 avril 2013 George Benchetrit In its long-awaited decision released on February 1, 2013 in Sun Indalex Finance, LLC v. United Steelworkers, the Supreme Court of Canada settled the uncertainty arising from the decision of the Ontario Court of Appeal.
WARNING! Live Mic Coming to a Courtroom Near You! 16 avril 2013 Mervyn Abramowitz The next time you're in court, be careful what you say! Digital recording devices are currently being installed and will be activated in all Commercial List courtrooms.
Recent Programs and Events 18 décembre 2012 During the Fall 2012 term, the OBA Insolvency Section made a decided effort to reach-out beyond the 416 area code in respect of the programming that it organized and promoted.
Re Cinram: Minimum Employment Standards in CCAA Proceedings? 18 décembre 2012 Tina Lie, Denise Cooney In Re Cinram International Inc. et al, a liquidating Companies’ Creditors Arrangement Act case, Justice Morawetz appointed a receiver over the sole remaining account of the CCAA debtor to ensure that the former employees could access the Wage Earners Protection Program.
Edgeworth and Dondeb: A Tale of Two CCAA Applications 18 décembre 2012 Jeffrey Simpson Recent Ontario decisions dealing with property investment and development companies.