Bankruptcy

SCC Clarifies Bankruptcy Discharge Provisions

Fresh Start or False Start: Seeking Uniformity in Piekut v Canada

Transfers at Undervalue Versus Corporate Attribution

Introduction The Supreme Court of Canada (“SCC”) granted leave to John Aquino, 2304299 Ontario Inc., Marco Caruso, Giuseppe Anastasio a.k.a. Joe Ana and Lucia Coccia a.k.a. Lucia Canderle (“John Aquino et al.”) on January 19th, 2023 to appeal an Ontario Court of Appeal (“ONCA”) decision, Ernst & Young Inc v Aquino, 2022 ONCA 202, from […]

Arbitration and Court-Ordered Receiverships: The SCC Strikes a Delicate Balance in Peace River

For the sake of conciseness, this case comment excludes discussion of Justice Jamal’s concurring opinion. If interested, please refer to the original case for further information. Arbitration law and bankruptcy and insolvency law are often said to be at odds with one another. The former rests upon principles of party autonomy and freedom of contract, […]

Creditors, Monitors, and Fraud: The Element of Judicial Discretion

Clash of the Interpretative Titans: Canada v. Canada North Group Inc.

The Anti-Deprivation Rule finds its way to the SCC in Chandos Construction Limited v Deloitte Restructuring Inc

Orphan Well Association v Grant Thornton Ltd: Constitutional Doctrines Applied to Cleaning Up Old Oil Wells

Introduction On January 31, 2019, the Supreme Court of Canada (“SCC” or "the Court") reached a decision on bankruptcy and insolvency law and the obligations owed by oil and gas companies that have filed for bankruptcy.

The Corporate Veil Comes at a Cost: Shareholder Claims Against Third-Parties

In Brunette v Legault Joly Thiffault, 2018 SCC 55 [Brunette], the Supreme Court of Canada (“SCC”) clarified a long-standing rule that bars shareholders from bringing a cause of action against a third party for faults committed against a corporation in which they hold shares. In doing so, the Court also reconciled corporate law principles from […]

Update on a Mortgage Priority Appeal: TheCourt.ca Interviews Ben Frydenberg, counsel in CIBC v Computershare

Last year, TheCourt.ca conducted an in-depth review and analysis of the CIBC v Computershare, 2015 ONSC 846, mortgage fraud case. The original owners of a home had fraudulently discharged their mortgage unbeknownst to their lender, Computershare, who continued to receive regular mortgage payments. Subsequently, the owners sought another mortgage from CIBC. As title was clear, […]