TGF Topline

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...

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

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

Intellectual Property Usage Rights under the CCAA and BIA

By Mitchell Grossell, Insolvency Lawyer On December 13, 2018, Bill C-86, a federal omnibus budget bill also known as the Budget Implementation Act,...

Featuring Mitchell Grossell

Supreme Court to Weigh in Again on Good Faith in Contracts

By Scott McGrath, Litigation Lawyer The Supreme Court of Canada (“SCC”) acknowledged that good faith contractual performance is a gener...

Featuring Scott W. McGrath

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

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) Nicholson

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

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 Hon. Frank J.C. Newbould

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”).

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

Cheaper, Faster, Better? An Alternative Process to a Sheriff’s Sale

The Ontario Superior Court recently recognized a novel way for judgment creditors to move for a sale of their judgment debtors’ property, outside of the sheriff’s sale process set out in the Execution Act. In Canaccede International Acquisitions Ltd. v Abdullah, Justice Broad allowed the judgment creditor to move under the rules of court for a “reference” which, in this instance, resulted in a judicially-supervised sale of the property.

Featuring Erin Pleet

Ground-breaking Result for TGF Clients in Nortel Allocation Saga

On May 12, 2015, Justice Newbould of the Ontario Superior Court of Justice[i] and Judge Gross of the United States Bankruptcy Court for the District of Delaware[ii] simultaneously issued rulings to allocate the approximately US$7.3 billion proceeds of sale of the Nortel group’s assets amongst insolvent estates administering the now defunct company in each of Canada, the United States (“US”) and Europe.