Information About Restructuring Roundup
Recent Posts
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- Regulatory Exception to the Stay of Proceedings
The model Initial Order under the Companies’ Creditors Arrangement Act (the “CCAAâ€�), pursuant to section 11.02 of the CCAA, provides a stay of proceedings preventing any proceedings or enforcement processes to be commenced or continued against the applicant entity and staying and suspending an … Read more »
- Use of “Guillotine� Orders in CCAA Proceedings
In Teal Jones Holdings Ltd. (Re), 2025 BCSC 2291, the Supreme Court of British Columbia recently granted what appears to be the first “guillotineâ€� order issued in a Companies’ Creditors Arrangement Act (“CCAAâ€�) proceeding. The Court required a losing bidder in a sale process that challenge … Read more »
- How Priority is Determined Between Interests Exempt from the PPSA
Priority disputes among creditors with an interest in the debtor’s personal property are ordinarily determined by the various priority rules in the applicable Personal Property Security Act (“PPSAâ€�). However, the PPSAs exclude various interests from their scope. What priority rules apply to th … Read more »
- It’s Not Easy Without Green: Party Prevented From Continuing to Interfere in Bankruptcy Proceedings Due to Unpaid Costs Awards
In Re Proex Logistics, 2025 ONSC 51, Justice Steele of the Ontario Superior Court of Justice (Commercial List) recently made a number of holdings related to the process for trustees accepting claims in a bankruptcy and other parties seeking to challenge those decisions. The Court held that: … Read more »
- Calling It Like It Is: Obtaining Proactive Declarations Related to the Survival of a Judgment in Bankruptcy
“The best way to predict the future is to create it.â€� – Peter Drucker Numerous strategic considerations play into how, and even whether, to pursue a piece of litigation. In addition to pursuing strategies that increase their chances of winning the case, litigants should be equally mindful of s … Read more »