Why Enforcement on Personal Guarantees Can Be so Challenging for Creditors
Jun 29, 2023Realizing 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.
Creditors May Invalidate Debtor Fraudulent Transfers Occurring Long Before Any Debtor-Creditor Relationship Established
Jun 20, 2023A creditor may undo a transaction as a fraudulent conveyance even if it was not a creditor at the time the debtor made the transfer.
Secured Lending in Canada: A Guide for U.S. Lenders
Jun 1, 2023A guide to secured lending in Canada; summarizes regulatory matters, tax, security, insolvency and restructuring issues in Canada.
Environmental Priorities in Insolvency Proceedings and the Impact on Lenders: Alberta Court Broadens Redwater Principles
May 24, 2023Alberta case Qualex v 12-10 Capital develops line of cases at the intersection of environmental protection and bankruptcy and insolvency law in Canada.
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.
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, 2023The Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”) and regulations (the “Regulations”) came into force on January 1, 2023.
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, 2022The SCC has provided a framework on when arbitration clauses should be rendered inoperative in order to promote efficiency in an insolvency proceeding.
Single Proceeding Model Trumps Contractual Rights – Arbitration Clause Held “Inoperative” in Insolvency Proceeding
Sep 26, 2022Ontario's highest court has held that an arbitration clause may be unenforceable in an appropriate insolvency proceeding, introducing contractual uncertainty.
ONCA: How to Calculate Reasonable Notice After a Court-Approved Plan Under the CCAA
Aug 9, 2022An Ontario court has clarified the basis on which reasonable notice should be calculated following a court-approved plan of arrangement under the CCAA.
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