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The future of insolvency

Industry Canada sought public input on the state and future of Canada's insolvency legislation through early 2014. Interested parties can review the issues in the agency's discussion paper on the...

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Canadian corporate directors may be liable for unpaid wages

A recent arbitration decision out of the province of Quebec (available in French only) involving the director of a bankrupt corporation serves as a reminder that directors can be personally liable for...

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Robust information about purchasers/assignees may be required before...

In Dundee Oil and Gas Limited (Re), 2018 ONSC 3678, Justice Dunphy provided some important guidance on information that should be provided to the court in support of a motion for an order assigning...

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Supreme Court of Canada rules in favour of lenders in Callidus

In a 2017 judgment discussed here, the Federal Court of Appeal permitted the CRA to assert a claim against a secured creditor who had received a repayment from its borrower prior to bankruptcy when the...

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Firepower: Guidance on whether commissions owed to salespersons are held in...

In Firepower Debt GP Inc. v. TheRedPin, Inc., 2019 ONCA 903 (“Firepower”), the Ontario Court of Appeal recently affirmed a decision of Justice Penny that commissions held by an insolvent real estate...

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Dusting off the 2008 playbook to deal with COVID-19 and the workplace

I started my legal career in September 2008, which coincided with an unprecedented economic collapse. I received a crash course in recession-related legal advice. I advised clients about everything...

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Slaw: Pension plans and bankruptcy: The Supreme Court will decide

The Supreme Court of Canada has agreed to hear the Indalex Limited case, which will determine if underfunded pension plans should be treated as a priority when it comes time to liquidate the assets of...

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Slaw: Superior court of justice certifies a class action for wrongful...

On January 2, 2014 Justice Perell of the Ontario Superior Court of Justice certified a class proceeding by 527 wrongfully terminated employees led by Bob Brigaitis and Cindy Rupert against their now...

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