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Why Enforcement on Personal Guarantees Can Be so Challenging for Creditors

Jun 29, 2023

Realizing on real estate to enforce a court award is notoriously hard. A recent Ontario court decision has stymied creditors' efforts to fine-tune the process.

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Creditors May Invalidate Debtor Fraudulent Transfers Occurring Long Before Any Debtor-Creditor Relationship Established

Jun 20, 2023

A creditor may undo a transaction as a fraudulent conveyance even if it was not a creditor at the time the debtor made the transfer.

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Secured Lending in Canada: A Guide for U.S. Lenders

Jun 1, 2023

A guide to secured lending in Canada; summarizes regulatory matters, tax, security, insolvency and restructuring issues in Canada.

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Environmental Priorities in Insolvency Proceedings and the Impact on Lenders: Alberta Court Broadens Redwater Principles

May 24, 2023

Alberta case Qualex v 12-10 Capital develops line of cases at the intersection of environmental protection and bankruptcy and insolvency law in Canada.

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Trends and Developments in Cryptocurrency: What the Experts are Seeing in the Tracing, Seizing and Safeguarding of Digital Assets, and Why So Much Value is Being Lost

Together with Lowenstein Sandler, join McMillan for a series of engaging panels with industry leaders who will share valuable insights into the newest crypto trends and developments, with a particular emphasis on the below areas of risk.

Details Tuesday, April 25, 2023
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April 2023 Update: Amendments to the Prohibition on the Purchase of Residential Property by Non-Canadians Regulations Provide Increased Deal Certainty for Commercial Real Estate Industry

Apr 4, 2023

The Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”) and regulations (the “Regulations”) came into force on January 1, 2023.

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Arbitration Clauses Should be Respected, Most of the Time: Supreme Court of Canada Shifts Focus Away From Single Proceeding Model for Insolvencies in Rendering Arbitration Clause Inoperative

Dec 5, 2022

The SCC has provided a framework on when arbitration clauses should be rendered inoperative in order to promote efficiency in an insolvency proceeding.

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Single Proceeding Model Trumps Contractual Rights – Arbitration Clause Held “Inoperative” in Insolvency Proceeding

Sep 26, 2022

Ontario's highest court has held that an arbitration clause may be unenforceable in an appropriate insolvency proceeding, introducing contractual uncertainty.

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ONCA: How to Calculate Reasonable Notice After a Court-Approved Plan Under the CCAA

Aug 9, 2022

An Ontario court has clarified the basis on which reasonable notice should be calculated following a court-approved plan of arrangement under the CCAA.