Insolvency and Restructuring

Supreme Court of Canada demonstrates flexibility of corporate attribution in the bankruptcy and insolvency context

The corporate attribution doctrine is refined to ensure that it does not undermine the policy of bankruptcy and insolvency legislation.

‘Deal with this escape hatch’ — B.C. Securities Commission calls for bankruptcy law reform following Supreme Court of Canada decision

The Supreme Court of Canada’s recent decision in Poonian v. British Columbia has prompted the B.C. Securities Commission to call for bankruptcy law...

Superior Court of Québec clarifies obligations of the AMP in an integrity review under the Act respecting contracting by public bodies

In dismissing an application for judicial review by Neptune Security Services Inc. (Neptune), the Superior Court of Québec clarified and confirmed...

Osler and Alvarez & Marsal: Real estate issues in an insolvency

Learn about issues likely to be encountered in an insolvency, with insights learned through experience from experts in Osler’s insolvency and...

Section 192 CBCA plans of arrangement – latest insights on virtual securityholder meetings and the solvency requirement

Plans of arrangement are an important, flexible tool for businesses to undertake various corporate transactions. We examine recent developments...

Employees affected: Superior Court of Québec clarifies the status of employee claims in CCAA proceedings

Most restructuring proceedings include downsizing and terminations that invite claims from affected employees. A recent judgment from the Superior...

Lessons learned: Alberta Court refuses to approve plan of arrangement

A recent decision by the Court of King’s Bench of Alberta provides important guidance about how courts scrutinize whether an arrangement is fair...

Reverse vesting orders: Popular in Canada and going international?

Since we last discussed the then-novel restructuring mechanism known as the reverse vesting order (RVO) in 2020...

You (may not) get what you bargained for: a receivership order displaces an arbitration clause in Mundo Media

The worlds of insolvency and arbitration collided in a recent Ontario Court of Appeal decision. Osler’s Mary Paterson, Mary Angela Rowe and Sarah...