Restructuring & Insolvency

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Levelling the playing field: The rise of litigation funding in Canada

The 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...

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Should the conditional sale vendor or lessor include the electric vehicle charging unit in the deal?

Learn about the recent recognitions received by our Financial Services and Restructuring Group lawyers. Vehicles need fuel to operate. Until recently the fuel was usually a petroleum product. Conditional sale vendors and lessors of vehicles do not finance equipment to...

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Bill 96: Something new or déjà vu?

On May 13, 2021, Bill 96: An Act Respecting French, The Official and Common Language of Québec (the “Bill”) was tabled by the Québec government. This Bill aims to provide for stricter protections of the French language within the Charter...

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Lessons for lenders: Personal knowledge and addressing the evidentiary burden remains key

Introduction It is common for a special loans officer of a secured lender to swear an Affidavit on behalf of their financing institution in connection with enforcement proceedings.  However, a recent Master’s decision, Meridian OneCap Credit Corp v Nikos Directional...

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Guarantor’s payment of legal fees incurred by a lender to sue a borrower

The following is a summary of a judgment concerning the Bank’s right to be reimbursed for legal fees it incurred to sue and obtain a judgment against a surety (hereinafter called “the Guarantor”). Facts The facts of the case can...

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Lenders beware: Control, opposability and priority of security on cash in Quebec

On December 2, 2020, the Quebec Court of Appeal (the “Court”), for reasons drafted by the Honourable Robert M. Mainville, J.A., rendered its first judgment (the “Judgment”) on the application of Article 2713.3 of the Civil Code of Québec (the...

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Decentralized finance: Regulation, growth, and legal enforcement

Decentralized finance (“DeFi”) is a financial alternative offered through various cryptocurrency platforms where liquidity pools are available to investors without the need for third-party lending institutions. In the years to come, the nascent DeFi industry may shape, transform and even...

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Lenders take note: Exercising discretion in good faith affirmed by the Supreme Court of Canada

On February 5, 2021, the Supreme Court of Canada released its decision in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District[1] (“Wastech v. Metro”), where it clarified the duty of contracting parties to exercise discretion in good faith....

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The Highly Affected Sectors Credit Availability Program (HASCAP): A further COVID-19 relief measure for businesses

As the COVID-19 pandemic continues to take a toll on the Canadian economy, many continue to need additional financial relief to help them survive the negative impact of the pandemic on their business and their corresponding cash flow. By now...

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Paths Forward in Financially Troubled Times: A Restructuring and Insolvency Guidebook for Charities and Non-profit Organizations

The Muttart Foundation

Susan Manwaring and Craig Mills are contributors to The Muttart Foundation’s Paths Forward in Financially Troubled Times: A Restructuring and Insolvency Guidebook for Charities and Non-profit Organizations. The resource sets out various options available to organizations experiencing financial hardship. Read...

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Displaying 1-10 of 178

COVID-19 Resources

We have written on a variety of topics to help identify the pertinent issues, understand the legal implications, minimize risk exposure and manage legal obligations.

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The Corona Crisis: Risks & Solutions For Companies

Our lawyers author the “Focus on Canada” for Digitorney’s Crisis Navigator.

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Financial Services & Restructuring Communiqué

Read the latest issue of Miller Thomson’s Financial Services & Restructuring Communiqué

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