Court Cases & Articles

Court Cases

National Insolvency Review 

12/27/2013

 

A discussion on broad disclaimers contained in Court reports filed by receivers, trustees, monitors and other Court appointed officers and whether they should be allowed.

 

Read more here: National Insolvency Review – Broad Disclaimers

4/3/2014 2:20 PM

The BC Court of Appeal has ruled that equitable principles cannot be used to avoid the priority scheme contained in the PPSA.  Secured creditors can sleep a little easier.

Read the decision here: KBA Reasons for Decision BCCA

 

8/10/2013 11:20 AM

The Supreme Court of British Columbia looks at whether an extension should be given even though the majority creditor says that they will not accept any proposal put in front of them.

Read the decision here:  Andover Mining – Application for an Extension of a Proposal

Related Pages:

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Useful Links

Articles

This article analyzes whether the CCAA is still needed given the amendments implemented to the Bankruptcy and Insolvency Act in 2009. It also considers some of the major differences between the two statutes. By Dean Hutchinson, Rick Van Beselaere, Scott Bomhof and Doug Chivers.

Some of the more interesting experiences, as well as legal and practical issues, arising out of the Companies’ Creditors Arrangement Act (CCAA) filing in 2008 relating to a large B.C. based forest industry equipment manufacturer.  By Colin Brousson and John McLean partners in Gowling Lafleur Henderson, and David Bowra.

Legal and practical issues, arising from a variety of real estate development insolvencies.  By David Bowra and Heather Ferris, Lawson Lundell.

A presentation of the principles and procedures involved in a management assessment.

The role of the Monitor under CCAA with emphasis on conflict issues.  Presented to CBA Insolvency Discussion Group by the Bowra Group.

The role of the Monitor under the Companies’ Creditor Arrangement Act.  By David Bowra for the Insolvency Institute of Canada.

A paper on the importance of business management assessment with particular reference to goals, attitude and leadership.  By David Bowra.

A brief introduction to the Companies Creditors Arrangement Act.

A brief presentation on high level assessment of a company’s situation, with particular reference to warning signs.

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