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December 28, 2018 | Article

Chapter: Private Actions Before the Tribunal, Litigating Competition Law in Canada, LexisNexis 2018, Nikiforos Iatrou, ed.

Featuring Scott McGrath

October 29, 2018 | Article

Cooler Heads Often Prevail in Shareholder Disputes

Shareholder disputes in closely-held corporations can be fast-moving and they often escalate quickly.

Featuring Scott McGrath

October 29, 2018 | Article

Murky Waters Regarding Availability of Debtor Property for Set-Off

In two recent cases, Nielsen (Re)[1] and Strellson AG v. Strellmax Ltd.,[2] the Courts of British Columbia and Ontario addressed the application of...

Featuring Owen Gaffney

October 10, 2018 | Article

Amendments to Construction Lien Act Trust Provisions — Will They Accomplish Their Goal?" in Commercial Insolvency Reporter, Vol. 30, Number 6

Featuring Puya Fesharaki

May 10, 2018 | Article

A Comparative Review of the CCAA and Chapter 11 of the US Bankruptcy Code

A Canadian perspective on the differences between the CCAA and Chapter 11 of the US Bankruptcy Code.

Featuring Mitchell Grossell

May 1, 2018 | Article

"Rectification Claims and the Enforcement of Complex Agreements" in Commercial Litigation and Arbitration Review, Vol. 7, Number 2

Featuring Deborah E. Palter

October 20, 2017 | Newsletter

Did Bhasin “honestly” change Canadian contract law?

In November 2014, the Supreme Court of Canada (“SCC”) released their decision in Bhasin v. Hrynew, setting out a duty of honest performance in contract law.

Featuring James Hardy

October 20, 2017 | Newsletter

Roll-up DIPs: The other “shoe” drops

On April 20, 2017, in Payless Holdings Inc. LLC, Re,DIP Facility”) granted in Payless’ (as defined below) proceedings pursuant to Chapter 11 of the U.S. Bankruptcy Code (the “Chapter 11 Proceedings”). The Court held that it was not reasonable ...

Featuring Rachel Bengino

October 13, 2017 | Article

"Clarification On Priority Disputes In Insolvent Construction Lien Projects", Commercial Insolvency Reporter

October 1, 2017 | Article

Chambers Global Practice Guide: Cartels 2018 Canadian Chapter, Chambers and Partners, October 2017 (with Nikiforos Iatrou and Kayla Theeuwen)

Featuring Scott McGrath

June 26, 2017 | Newsletter

Releases Mean What They Say and “All Claims” Means All Claims

In its recent decision of Biancaniello v. DMCT LLP, the Ontario Court of Appeal confirmed that a release for “any and all claims” arising from the provision of services included a claim unforeseen by either party. The use of “boilerplate” language in the release did not negate its effect on existing claims unknown at the time the release was executed.

Featuring Erin Pleet

June 19, 2017 | Newsletter

Q&A with Frank Newbould, Q.C.

With Frank Newbould Q.C. joining TGF as Counsel, we posed five questions to him that we thought might be of interest to readers of our Top Line New...

Featuring Frank J.C. Newbould

June 6, 2017 | Article

“Another Day”: Equitable Subordination in CCAA Proceedings

In 1992, Justice Iacobucci left the question of whether the equitable subordination doctrine should exist in Canadian law “open for another d...

Featuring James Hardy

May 10, 2017 | Article

Flexibility and Creativity: Hallmarks of Canada’s Restructuring Framework

Canada's main restructuring statute is relatively bare-bones in nature and is not encumbered by extensive restrictions on what steps may be taken, ...

Featuring D.J. Miller

April 10, 2017 | Article

Co-author of the Canadian Chapter of the Lexology Navigator for Insolvency & Restructuring

Featuring Leanne M. Williams

December 1, 2016 | Article

Contempt and Bankruptcy: Striking the Right Balance, National Creditor Debtor Review, Vol. 31, Nol. 4, December 2016

Featuring Scott McGrath

May 11, 2016 | Newsletter

Ontario Court of Appeal and Supreme Court of Canada Shut Down Two Separate Attempts to Appeal Nortel Decisions

On May 3, 2016, the Ontario Court of Appeal released its decision (the “Leave Decision”) denying parties leave to appeal from Justice Newbould’s decision which held that global proceeds of sale in the amount of US$7.3 billion (the “Lockbox Funds”) should be distributed to the worldwide Nortel debtor estates on a pro rata basis (the “Allocation Decision”).

May 10, 2016 | Article

TGF Named Top 10 Litigation Firm

Founded by Robert Thornton, James Grout, and John Finnigan in 1998, the 17-lawyer boutique firm takes on some of the most complex commercial litigation and restructuring cases in Canada. These include top-level M&A litigation, international securities fraud cases, and complex insolvency litigation. 

February 4, 2016 | Article

"Nortel: The Long and Winding Road". Annual Review of Insolvency Law

We have chosen to describe the first seven years of the Nortel Networks proceedings by reference to Beatles song titles, for no reason other than the fact that one of us is a lifelong Beatles fan and the other is too polite to protest. At the time of writing, the Nortel proceedings are in their seventh year and, with various appeals outstanding, do not appear to be near completion.

Featuring D.J. Miller

December 4, 2015 | Newsletter

New Location Of Debtor Rules Under Ontario Personal Property Security Act

Ontario has fixed December 31, 2015 as the date on which the rules that determine the “location of the debtor” under the Ontario Personal Property Security Act (“OPPSA”) will change.

Featuring Grant B. Moffat

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