Insolvency and Restructuring Insolvency and Restructuring

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...

A bid to attract business: amendments to Alberta’s Business Corporations Act

Aiming to attract and retain business and investment in the province, Alberta modernizes its Business Corporations Act with significant amendments.

Court of Queen’s Bench of Alberta concurrently approves sales process and transaction proposed by stalking horse bidder

On March 30, 2022, the Court of Queen’s Bench of Alberta issued an order simultaneously approving a sales solicitation process and a transaction...

Supreme Court of Canada expands discretion of the Courts to allow pre-post compensation in ‘rare’ cases

Osler lawyers analyze a recent Supreme Court of Canada decision which provides courts with an additional tool to ensure fairness in the insolvency...

Extraordinary first day relief, EFC guidance, good faith and more: Notable themes in CCAA restructurings

Due to a number of factors, including the extent of available capital in the markets and the continued backstop provided by government programs...

Québec Court of Appeal clarifies rules on guarantors’ liability for legal fees

The Québec Court of Appeal recently rendered a judgment authorizing a lender to recover its reasonable legal fees from a guarantor (or surety),...

Supreme Court of Canada denies leave to appeal and confirms Québec courts’ ability to appoint BIA receivers

The Supreme Court of Canada dismissed an application for leave to appeal the decision of the QCA in Séquestre de Media5 Corporation, 2020 QCCA 943,...

Sequoia Resources: Environmental obligations and the role of the trustee in bankruptcy

The Alberta Court of Appeal has released its reasons in PricewaterhouseCoopers Inc. v Perpetual Energy Inc., 2021 ABCA 16.