The scope of non-debtor third party releases between the U.S. and Canada: A distinction with a differenceIntroduction The chapter 11 proceedings of Purdue Pharma (“Purdue”), the pharmaceutical giant responsible for the manufacturing of the powerful narcotic painkiller OxyContin, have been closely followed by insolvency practitioners around the globe, as well as policy makers and members of... |
Levelling the playing field: The rise of litigation funding in CanadaThe prohibitively high cost of litigation is arguably one of the main barriers to access to justice in Canada. As in many other legal markets, the soaring cost of legal fees has created an impediment to even well resourced parties... |
Making priority a priority in construction lien disputesThe financial difficulty precipitated by COVID-19 has reached virtually every industry, and the construction sector is no exception. Debtors, lenders and trades dealing with insolvent construction projects will inevitably face priority disputes under Ontario’s Construction Act[1] (the “Act”) in instances... |
Expansion of s. 38 of the BIA assignment of claimsHistorically, an assignment of claims pursuant to s. 38 of Bankruptcy and Insolvency Act (the “BIA”)[1] has only been used in the context of an assignment in bankruptcy. For instance, the use of s. 38 of the BIA in the... |
OSC Initiates a Pre-Filing Review of a Mining Company’s Technical Disclosure in Short Form Prospectus OfferingsOSC takes action to reduce burden for mining issuers On June 6, 2019, the Ontario Securities Commission (“OSC”) announced the adoption of an important pre-filing review process for mining issuers (see Staff Notice 43-706 Pre-filing Review of Mining Technical Disclosure).... |
