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September 15, 2021 | Article
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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 Frank J.C. Newbould

August 4, 2021 | Article
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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

July 29, 2021 | Article
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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

July 5, 2021 | Article
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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

June 29, 2021 | Article
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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

May 10, 2021 | TGF Topline

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

May 10, 2021 | TGF Topline

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

November 27, 2019 | TGF Topline

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

November 20, 2019 | TGF Topline

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

October 20, 2017 | TGF Topline

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 | TGF Topline

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

June 26, 2017 | TGF Topline

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 | TGF Topline

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

May 11, 2016 | TGF Topline

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”).

December 4, 2015 | TGF Topline

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

October 28, 2015 | TGF Topline

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

October 28, 2015 | TGF Topline

Post-Filing Interest No More: The Court of Appeal’s recent decision from Nortel Networks Corporation

On October 13, 2015, the Ontario Court of Appeal released its decision in Re Nortel Networks Corporation, regarding the application of the common law “interest stops rule” in insolvency proceedings under the Companies’ Creditors Arrangement Act (“CCAA”).

Featuring Rebecca Kennedy

July 8, 2015 | TGF Topline

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.

March 28, 2013 | TGF Topline

Court Endorses Creative Cost-Sharing Plan for Unfunded Dissenting Shareholders

Justice Leitch of the Ontario Superior Court of Justice recently released a decision in Rooney v. Arcelormittal S.A. that will have a major impact on a group of dissenting shareholders, and could have far-reaching implications for securities litigation in general where there is a companion class action.

February 20, 2013 | TGF Topline

Ontario Court of Appeal Confirms that Indemnity Claims of Underwriters and Auditors are Equity Claims

On November 23, 2012, the Ontario Court of Appeal released its decision in Re Sino-Forest Corporation.

Featuring James H. Grout

February 20, 2013 | TGF Topline

Keepin’ It Class-y: The Ontario Superior Court of Justice takes extraordinary measures to protect the class action process

In 1250264 Ontario Inc. v. Pet Valu Canada Inc. (“1250”), Justice Strathy of the Ontario Superior Court of Justice took the extraordinary step of invalidating the majority of opt-out notices obtained from potential class members in a certified class proceeding due to the irreparable damage caused to the process by the aggressive conduct of a third party.

February 6, 2013 | TGF Topline

Re Indalex: “Giving, And Taking Away”

On February 1, 2013, the Supreme Court of Canada ("SCC") released its long-awaited decision in Re Indalex Limited.

Featuring D.J. Miller

October 18, 2012 | TGF Topline

Just the facts, please: an examination of Downey v. Ecore International Inc.

Downey v. Ecore International Inc., is an Ontario Court of Appeal decision that addresses the court’s approach to interpreting inconsistent interrelated agreements and identifying the parties to those agreements.

September 4, 2012 | TGF Topline

Cost Awards: When is a lawyer personally liable?

In June of this year, the Ontario Court of Appeal released an important decision clarifying the circumstances in which a court will award costs personally against a lawyer.

September 4, 2012 | TGF Topline

A Receiver’s Obligation to Disclose: Navigating Through the Intersection of Insolvency and Criminal Law

In his recent decision in SA Capital Growth Corp. v. Brooks, Justice Pattillo of the Ontario Superior Court of Justice (Commercial List) addressed the question of whether a court-appointed receiver should be required to disclose documents and information obtained by it as a result of a court-ordered investigation to one of the subjects of the investigation, where that party is facing allegations by the Ontario Securities Commission (“OSC”). 

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