Publications

TGF Counsel Frank Newbould KC authored an article “Arbitrating insolvency issues - a Canadian Perspective”, included in the recent South Square Digest

Featuring Hon. Frank J.C. Newbould

Adrienne Ho authored an article titled "Split Success? A Cross-Country Retrospective on Seeking an Appeal under Section 193 of the BIA"

Adrienne Ho’s article, “Split Success? A Cross-Country Retrospective on Seeking an Appeal under Section 193 of the BIA" has been publis...

Featuring Adrienne Ho

Cross Border Jeopardy: A Comparative Analysis on Key Insolvency Topics Across Various Jurisdictions.

Rachel Nicholson co-authored an article titled “Cross Border Jeopardy: A Comparative Analysis on Key Insolvency Topics Across Various Jurisdi...

Featuring Rachel (Bengino) Nicholson

“Importance of Debtor’s Good Faith in Proposal Proceeding” in National Insolvency Review, Vol 39, No 6.

Featuring Alexander Soutter

Supreme Court of Canada confirms arbitration agreements may be inoperative in insolvency proceedings

By Rachel Nicholson and Alexander Overton[1] It is common for modern commercial agreements to include mandatory arbitration provisions which direct...

Featuring Rachel (Bengino) Nicholson and Alexander Overton

The Court of Appeal confirms that not all covenants to insure impose an assumption of risk - Construction Law Letter November/December 2022

Published in the Construction Law Letter (LexisNexis), and republished with permission. Construction Law Letter November December 2022 Issue

Featuring Daniel A. Schwartz, Alexander Soutter and Adrian Visheau

The Supreme Court of Canada Provides Clarity to the Interpretation of Releases - Construction Law Letter May/June 2022.

Published in the Construction Law Letter (LexisNexis), and republished with permission. Construction Law Letter May June 2022 Issue

Featuring Adrian Visheau and Adrienne Ho

Tempering Kitco: SCC Clarifies Right to Pre-and Post-Filing Set-Off under the CCAA

By Adrienne Ho and Rachel Nicholson1 In its recent decision, Montréal (City) v. Deloitte Restructuring Inc. (“SM Group”),2 th...

Tempering Kitco: SCC Clarifies Right to Pre- and Post-Filing Set-Off under the CCAA

Featuring Adrienne Ho and Rachel (Bengino) Nicholson

Court of Appeal says agreeing to insure doesn’t always mean agreeing to assume risk

An agreement to obtain insurance against a particular peril does not necessarily mean that the party obtaining the insurance has assumed all respon...

Featuring Daniel A. Schwartz, Adrian Visheau and Alexander Soutter

Leanne Williams, Puya Fesharaki & Derek Harland co-authored the 2022 Canadian Restructuring & Insolvency chapter of Lexology Getting the Deal Through.

Leanne Williams, Puya Fesharaki and Derek Harland co-authored the 2022 Canadian Restructuring & Insolvency chapter of Lexology Getting the Deal...

Featuring Leanne M. Williams, Puya Fesharaki and Derek Harland

“An Advocate’s View from the Public Gallery” (Winter 2021) 40:3 The Advocates’ Journal

Featuring Deborah E. Palter

No “Stranger” to the Proceeding: CCAA Court Reaffirms Single Proceeding Model - National Creditor Debtor Review

Featuring Rachel (Bengino) Nicholson and Adrienne Ho

McEwan Enterprises Fails to Satisfy Section 36(4) of CCAA

By Derek Harland On Monday, November 1, 2021, Chief Justice Morawetz (“CJ Morawetz”) of the Ontario Superior Court of Justice declined ...

Featuring Derek Harland

Relief from Forfeiture: a broad and flexible remedy that is often overlooked

By Daniel Schwartz and Jessica DeFilippis1 Relief from forfeiture is a broad and flexible equitable remedy that is often overlooked and frequent...

Featuring Daniel A. Schwartz and Jessica DeFilippis

Litigation Lenders Beware of Potential Adverse Cost Awards

By Alexander Soutter A recent decision from the Ontario Superior Court of Justice may put litigation lenders on edge. In Davies v The Corporation o...

Featuring Alexander Soutter

The Summary Judgment Exception to Mandatory Arbitration

By Erin Pleet and Jessica DeFilippis In the recent case of Jencel 407 Yonge Street Inc. v. Bright Immigration Inc. and Ramroop,1  th...

Featuring Erin Pleet and Jessica DeFilippis

No “Stranger” to the Proceeding: CCAA Court Reaffirms Single Proceeding Model

By Rachel Nicholson and Adrienne Ho.1 The single proceeding model, which is a core tenet in insolvency proceedings, was recently reaffirmed in the...

The Nortel Saga- A Tale of Two Cities

The Nortel Saga-A Tale of Two Cities1 By The Honourable Frank J.C. Newbould, Q.C.2 The Nortel Networks Corporation saga was unique for the partie...

Featuring Hon. Frank J.C. Newbould

SCC Provides Much-Needed Clarity on Deemed Trust Priority

The Supreme Court of Canada (“SCC”) in Canada v. Canada North Group Inc., 2021 SCC 30 [Canada North] recently held that courts in ...

Featuring Derek Harland

Good Faith a Paramount Concern in Insolvency Proceedings

Good faith, honesty, and transparency are the watchwords of Canada’s insolvency regimes. Where a debtor makes a proposal under the Bankr...

Featuring Alexander Soutter

COVID-19 Does Not Excuse a Failure to Pay Rent

Courts will not rewrite leases by granting tenants rent abatements, despite the impact of the COVID-19 pandemic. That was the bottom line conclusio...

Featuring Deborah E. Palter, Alexander Soutter and D.J. Miller

Reviewing CCAA Disclaimers Requires Balancing of Interests

The Court of Appeal for Ontario has confirmed the detailed decision of Chief Justice Morawetz (the “CCAA Judge”) regarding the law of d...

Featuring D.J. Miller, Mitchell Grossell, Andrew Hanrahan, Derek Harland and Scott W. McGrath

Québec Court Finds Tenants Obligated to Pay Rent During Pandemic Lockdown

Should Courts exercise their discretion to order pandemic-related exceptions to the tenant’s obligation to pay rent under a commercial lease?...

Featuring Puya Fesharaki

Covid-19 Is Frustrating - But Has it Frustrated Your Contract?

As the economic ravages of Covid-19 continue, the question of who should bear the costs in contractual relationships where neither party can reasonably be held at fault for the damages resulting from Covid-19 business disruptions is arising on a daily basis.

Featuring Fraser Hughes