Securitisation: Canada
Mondaq Comparative Guides
Jason Kroft and Alfred Apps, with contributions from Ahmad Adam, Ron Choudhury, Simon Igelman, Asim Iqbal, Luc-Antoine Manneh, Shaun Parekh and Margaret Shodeinde, author the Canada chapter for Mondaq’s Securitisation Comparative Guide. The guide provides a detailed analysis and comparison […]
Changing Times: A Look at Trends Impacting Canadian Automobile Dealerships and What it Means for Insolvency Professionals
CAIRP Rebuilding Success
Asim Iqbal co-authored an article on the trends that are impacting Canadian automobile dealerships and the implications for insolvency professionals. The COVID-19 pandemic brought about monumental changes to how we live and work as a society, affecting every business in […]
The scope of non-debtor third party releases between the U.S. and Canada: A distinction with a difference
Introduction 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 […]
Making priority a priority in construction lien disputes
The 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 […]
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 […]
Business interruption insurance and COVID-19: A discussion of future implications
In response to ongoing financial distress caused by COVID-19, many businesses have tried to make claims under their business interruption policies. It remains uncertain whether business interruption losses directly or indirectly caused by the pandemic, such as losses stemming from […]
Asset tracing and corporate intelligence techniques in cryptocurrency investigations
In the first half of 2018, $1.1 billion USD in cryptocurrency was stolen or trafficked online, with the majority of attacks targeting either regular businesses or cryptocurrency exchanges.[1] By 2019, that figure had jumped to $4.4 billion.[2] Despite these staggering […]
Lifting the stay
On July 27, 2020, the Newfoundland and Labrador Supreme Court (the “Court”) released its decision in Great North Data Ltd., (Re),[1] where Justice Handrigan outlined principles for courts to consider when exercising their power under section 69.4 of the Bankruptcy […]
Beware: Recommencement of limitations periods and procedural timelines in Ontario on September 14, 2020
Please beware that on August 20, 2020, the Ontario government (the “Government”) issued a news release providing that the order pertaining to the suspensions of limitations period made under the Emergency Management and Civil Protections Act, R.S.O. 1990, c. E.9 […]
Redemption in a receivership
A recent decision of the Ontario Superior Court of Justice (Commercial List) (the “Court”) in the receivership proceedings of The Clover on Yonge Inc.[1] (the “Clover Project”) has addressed the question of whether a debtor in receivership can avoid a […]
