DOCSLIB.ORG

Insolvencysource®

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Insolvencysource® InsolvencySource® Get the Westlaw® Canada Advantage InsolvencySource® combines the 145-year tradition DEEPER CONTENT of Carswell editorial excellence with leading-edge Go beyond case law and legislation to get the technology to deliver relevant, on-point information true insight you need. you can rely on for true insight into your insolvency case or issue. INTELLIGENT FINDING TOOLS Leave nothing to chance with finding tools that Intelligent finding tools and effective research pathways ensure you never miss a case on point. bring relevant, on-point content right to the surface – quickly and efficiently. More than just information, you EFFECTIVE RESEARCH PATHWAYS get insight you can use to make critical decisions, create Experience seamlessly integrated research compelling arguments, and achieve better results for that’s illuminating and efficient, not confusing your clients. and frustrating. CONVENIENT HOME PAGE AccESS TO EVERYTHING YOU NEED 1 Home page Source tabs/ Navigation bar. 1 2 View the latest Newsletter, 6 OSC bulletins, SCC cases or 3 Restructuring Court Filings (supplied by the Insolvency Institute of Canada). 3 Search using Custom Search 5 Templates. 4 Find or KeyCite (note up) cases and legislation by name/title or any document by citation. 4 2 5 Review content coverage and currency. 6 Browse various tables of contents. What’s in InsolvencySource® DEEPER CONTENT Legislation INTELLIGENT Annotated Legislation provides insight Westlaw Canada goes behind the case law and an understanding of the law. Only FiNdiNG TOOLS and the legislation, taking you deep into the InsolvencySource contains analysis from Only Westlaw Canada combines the law to reveal the subtleties and intricacies leading bankruptcy and insolvency law, advantages of authoritative editorially created that will give you true insight into your case restructuring and personal property security search tools and state-of-the-art search or issue. experts, including commentary from the technology, ensuring that you always find Case Law following publications: exactly what you need – using fewer steps to get better results faster. Comprehensive Case Law Collection with the • Bankruptcy and Insolvency Law of most significant bankruptcy and insolvency Canada, 3rd Edition by The Honourable Authoritative law cases as reported in Carswell Law Reports Mr. Justice Lloyd W. Houlden, Mr. Justice Geoffrey B. Morawetz, Professor The Canadian Abridgment – a comprehensive • Canadian Bankruptcy Reports and Janis P. Sarra, LL.B., LL.M., S.J.D. collection of over 750,000 digests of Canadian Personal Property Security Act Cases case law that is organized by legal issue selected by leading experts. • Faillite et insolvabilité : une perspective according to a single taxonomy exclusive to québécoise de la jurisprudence canadienne Carswell. Covers virtually every case reported EXCLUSIVE Insolvency Court by Bernard Boucher and Jean-Yves Fortin. in Canada since 1803. Filings Collection • Secured Transactions in Personal Concordance of all Personal Property Insolvency Institute of Canada (IIC) Materials Property in Canada by Richard McLaren Security Acts currently in force throughout Selected court filings made under the Canada lets you compare similar legislation in Companies’ Creditors Arrangement Act, the Pending Legislation with statutes helps you other jurisdictions as an aid to interpretation Bankruptcy and Insolvency Act, or related anticipate changes. Track legislation that is and understanding. Canadian legislation including motions, enacted but not yet in force. monitor’s reports and facta Concordance of all Personal Property Authored Treatises by the foremost Security Acts currently in force throughout Insolvency Law and secured transactions law Materials from the Office of the Canada, lets you compare similar legislation in experts – exclusive to InsolvencySource. An Superintendent of Bankruptcy other jurisdictions as an aid to interpretation excellent starting point for your research. – Bulletins and understanding. Linked to both case law and legislation. – Policy Statements OSB Policy Documents – Policy Documents, Houlden and Morawetz Analysis: – Directives Directives, Circulars, News Releases, Notices – Bankruptcy and Insolvency Act – Insolvency Circulars and Programs issued by the Office of the Superintendent of Bankruptcy. – Bankruptcy and Insolvency General Rules – Forms, notices, and news releases from – Companies’ Creditors Arrangement Act the Office of the Superintendent of Precedents and Forms from Bankruptcy and Bankruptcy Insolvency Law of Canada, Third Edition for – Farm Debt Mediation Act Case Citator – KeyCite® Canada for use under the Bankruptcy and Insolvency Act – Wage Earner Protection Program Act cases covers the direct appellate history Legislative Citators (KeyCite for Statutes, – Winding-up and Restructuring Act of Canadian cases, plus treatments for KeyCite for Regulations and KeyCite for Rules) – Houlden and Morawetz Forms and any case, whether foreign or Canadian, – Canada’s only complete legislative citator. Precedents under the Bankruptcy and discussed by a Canadian court or tribunal, The only statute citator with true historical Insolvency Act or a secondary source on Westlaw Canada. depth, and the only rules and regulations – Faillite et insolvabilité : une perspective citator in Canada. It’s now possible to KeyCite québécoise de la jurisprudence all types of legislation –statutes, rules, and canadienne, by Bernard Boucher and regulations. Jean-Yves Fortin. An examination of the Bankruptcy and Insolvency Act with section-by-section annotations and commentary with a particular emphasis given to Quebec and French-language cases. – Secured Transactions in Personal KeyCite Canada – Precedents and Forms Property in Canada, by Richard • Bankruptcy and Insolvency Law of McLaren – a detailed analysis of the Case and Legislative Citator Canada, Third Edition for use under Personal Propery Security Acts (P.P.S.A.) • Trace the history of a case to determine the Bankruptcy and Insolvency Act in the common law provinces of Canada if it is good law, to support and – Articles and Annotations from the strengthen your legal argument. • McLaren, Secured Transactions in Personal Property in Canada, Canadian Bankruptcy Reports Bulletins • Further refine your search results by quickly including general and specific security from the Office of the Superintendent zeroing in on the specific references you agreements, debentures, guarantees of Bankruptcy Articles, papers and need. Limit the results by jurisdiction, conference proceedings from the court level, key word and date. • Insolvency Court Filings Insolvency Institute of Canada • Note-up cases, statutes and rules Research Trail Function – Retrace where Innovative of practice to receive a list of all you’ve been, return to previous documents, or citing references, including judicial e-mail an outline of your research session to a • Natural language, terms and connectors, treatments and expert domestic and co-worker. or templates customized by document type international commentary, that have • Search-within-a-search features a discussed your case, statute, or rule. Currency Tools locate option for precise results When you note up a decision with KeyCite WestClip WestClip allows you to monitor legal • Search or browse Table of Contents Canada, you see not only case law that has developments that could affect you, your cited the decision you have noted up, but also organization and your clients. Clips can be • Search or browse insolvency secondary sources, including: delivered to your e-mail box, wireless device, Canadian court filings on insolvency- printer or fax machine. related matters including motions, • Treatises SCC bulletin board is available from the home monitor’s reports and facta • Court Documents page and updated daily. • Link from the Canadian Encyclopedic • Law review and journal articles Abridgment eDigests are electronic case Digest to the applicable Canadian • Newsletters Abridgment classification to find digest on Insolvency topics, delivered right to additional cases dealing with your issue. • Canadian Encylopedic Digest (CED) your desktop. • Words & Phrases entries Exclusive Weekly Houlden & Morawetz Insolvency Newsletter EFFECTIVE RESEARCH Productivity Tools PATHWAYS KeyCite Alert – Fully integrated into your Superior Support All Westlaw Canada content is seamlessly KeyCite searching, this powerful tool takes Training Options linked so you never have to back track to find citations research one step further by keeping To ensure our customers are fully trained on related information. You’ll find everything you apprised, via e-mail, fax, or wireless, of how to use and maximize the content and you need in one place and we’ll point out developments affecting cases or legislation functionality on Westlaw Canada we offer and provide links to relevant related material that matter most to you. multiple types of training sessions; group along the way. This logical linking ensures that sessions, hands-on lab sessions, telephone you always move forward in your research, and, of course, individual sessions. giving you the fastest route to better results Research Support Insolvency Source Home Page – built to allow We offer free, unlimited, 24/7 access to you to efficiently research any Insolvency or live telephone support to assist you with secured transactions matter and to quickly your research. access relevant precedents, forms and court filings. Better Results Faster www.westlawcanada.com One Corporate Plaza, 2075 Kennedy Road, Toronto Ontario Canada M1T 3V4 | carswell.com | thomsonreuters.com 00152GO-E17917 MM2 02/10 PRINTED IN CANADA.
Load more

Recommended publications
  • An Empirical Investigation of Corporate Division 1 Proposals in the Toronto Bankruptcy Region Jacob S
    Osgoode Hall Law Journal Article 3 Volume 41, Number 4 (Winter 2003) An Empirical Investigation of Corporate Division 1 Proposals in the Toronto Bankruptcy Region Jacob S. Ziegel Rajvinder S. Sahni Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Article Citation Information Ziegel, Jacob S. and Sahni, Rajvinder S.. "An Empirical Investigation of Corporate Division 1 Proposals in the Toronto Bankruptcy Region." Osgoode Hall Law Journal 41.4 (2003) : 665-710. http://digitalcommons.osgoode.yorku.ca/ohlj/vol41/iss4/3 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. An Empirical Investigation of Corporate Division 1 Proposals in the Toronto Bankruptcy Region Abstract In 1992, Canada's Parliament approved major amendments to the Bankruptcy and Insolvency Act (BIA). The amendments included the adoption of a new Commercial Proposal regime for the reorganization of insolvent Canadian businesses with a view to enabling more enterprises to stay in business and avoid liquidation under the other provisions of the BIA. This article reports the results of an empirical study of all Division 1 corporate proposals filed in Toronto between November 1992 and December 1996 to determine how the new proposal regime works in practice. The uthora s' overall conclusion is that the 1992 amendments have achieved their goals, both procedurally and substantively. However, the authors also find that there is room for improvement and, in particular, see a need for a better screening procedure to discourage the initiation of unmeritorious cases, durable resolution.
    [Show full text]
  • Legislative Recognition of the Public Creditor Access to the Partial
    Middle-East Journal of Scientific Research 16 (12): 1632-1636, 2013 ISSN 1990-9233 © IDOSI Publications, 2013 DOI: 10.5829/idosi.mejsr.2013.16.12.12069 Legislative Recognition of the Public Creditor Access to the Partial Seizure of Property and the Future Revenues of the Russian Citizen-The Debtor, in Russia and Abroad Tatyana Mikhailovna Zhukova and Ksenya Sergeevna Kondratyeva Perm State National Research University, Perm, Russia Abstract: In the article, the variants are given of the Russian and the foreign regulation of the public creditor access to the partial seizure of the property and the future revenues of the debtor and the conclusion is made about the possibility and the necessity to introduce such a mechanism of relieving from debts in the Russian Federation. The authors performed a comparative analysis of the legislation in England, the USA, Canada and Russia. Based on the analysis the conclusion is made that modern systems have a tendency of applying the bankruptcy regulation systems depending on the size of the debt and the debtor’s income. The authors believe that in the bankruptcy system, it is necessary to research the procedures that prevent declaring bankrupt and in particular-the procedures that give the debtor an opportunity to get relieving from debts in accordance with the legislation, avoiding the full sale of the property of the private person. To improve the existing bankruptcy prevention system, it is proposed to legally define the debt plan as a procedure allowing the debtor to change the conditions of the debt repayment as compared to the bankruptcy procedures, at the expense of the future revenues during several years and possible partial sale of the property, guided by the arbitration manager and controlled by the arbitration court.
    [Show full text]
  • Bankruptcy and Insolvency Law of Canada Contents
    BANKRUPTCY AND INSOLVENCY LAW OF CANADA CONTENTS VOLUME 1 Preface ....................................................................................... iii Contents ....................................................................................... v User's Guide ....................................................................................... ix Table of Concordance ............................................................................... xiii Bankruptcy and Insolvency Act Table of Contents .................................................................................. 1-i Short Title (s. 1)...................................................................................... 1-1 Interpretation (ss. 2-4.1) ............................................................................. 1-21 Part I - Administrative Officials (ss. 5-41)......................................................... 1-55 Part II - Bankruptcy Orders and Assignments (ss. 42-49)........................................ 2-1 Part III - Proposals (ss. 50-66.4).................................................................... 2-183 VOLUME 2 Contents ....................................................................................... iii Bankruptcy and Insolvency Act Part IV - Property of the Bankrupt (ss. 67-87) .................................................... 3-1 Part IV - Property of the Bankrupt (ss. 91-101.2) ................................................ 4-1 Part V - Administration of Estates (ss. 102-157).................................................
    [Show full text]
  • Rediscovering the Bankruptcy and Insolvency Power: Political and Constitutional Challenges to the Bankruptcy Act, 1919-1929 Thomas G
    Western University Scholarship@Western Law Publications Law School 2017 Rediscovering the Bankruptcy and Insolvency Power: Political and Constitutional Challenges to the Bankruptcy Act, 1919-1929 Thomas G. W. Telfer Western University, [email protected] Follow this and additional works at: https://ir.lib.uwo.ca/lawpub Part of the Bankruptcy Law Commons, and the Legal History Commons Citation of this paper: “Rediscovering the Bankruptcy and Insolvency Power: Political and Constitutional Challenges to the Bankruptcy Act, 1919-1929” (2017) 80:1 Saskatchewan Law Review 37-70. 1 “Rediscovering the Bankruptcy and Insolvency Power: Political and Constitutional Challenges to the Bankruptcy Act, 1919-1929” (2017) 80:1 Saskatchewan Law Review 37-70. 2 Rediscovering the Bankruptcy and Insolvency Power: Political and Constitutional Challenges to the Canadian Bankruptcy Act, 1919-1929 Thomas G. W. Telfer [A]ll these questions—that is the rights of the parliament of Canada as against the provincial legislature to legislate in matters of bankruptcy--will in due course come before the judicial committee of the Privy Council. S.W. Jacobs, House of Commons Debates, 26 March 19231 I. INTRODUCTION The enactment of the Canadian Bankruptcy Act of 19192 created a great deal of optimism in the business and legal community. The new statute finally enabled Canada to join other civilized nations, like England and the United States, that embraced bankruptcy law as a permanent commercial statute.3 The idea of using a federal law to deal with debtors and creditors was new to the Canadian legal world in 1919. Although s. 91(21) of the Constitution Act, 1867 granted Parliament exclusive jurisdiction over “Bankruptcy and Insolvency” the Dominion largely abandoned4 this federal power by repealing the Professor, Western University, Faculty of Law.
    [Show full text]
  • Ontario Superior Court of Justice (Commercial List)
    Court File No. ____________ ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED AND IN THE MATTER OF A PLAN OF COMPROMISE AND ARRANGEMENT OF CLINE MINING CORPORATION, NEW ELK COAL COMPANY LLC AND NORTH CENTRAL ENERGY COMPANY Applicants BOOK OF AUTHORITIES OF THE APPLICANTS (Claims Procedure Order and Meetings Order) GOODMANS LLP Suite 3400, 333 Bay Street Toronto, ON M5H 2S7 Robert J. Chadwick (LSUC#: 35165K) Logan Willis (LSUC#: 53894K) Bradley Wiffen (LSUC# 64279L) Tel: (416) 979-2211 Fax: (416) 979-1234 Lawyers for the Applicants INDEX TAB 1. Re SkyLink Aviation Inc., 2013 ONSC 1500 (Ont. Sup. Ct. J. [Commercial List]) 2. Nova Metal Products Inc. v. Comiskey (Trustee of) (1990), 1 O.R. (3d) 289, 1 C.B.R. (3d) 101 (Ont. C.A.) 3. ScoZinc Ltd., Re, 2009 NSSC 163, 55 C.B.R. (5th) 205 4. Norcen Energy Resources Ltd. v. Oakwood Petroleums Ltd. (1988), 72 C.B.R. (N.S.) 20, [1988] A.J. N. 1226 (Alta. Q.B.) 5. SemCanada Crude Co., Re, 2009 ABQB 490, 57 C.B.R. (5th) 205 6. Stelco Inc, Re. (2005), 78 O.R. (3d) 241, 15 C.B.R. (5th) 307 (Ont. C.A.) 7. Re Canadian Airlines Corp. (2000), 19 C.B.R. (4th) 12 (Alta. Q.B.), leave to appeal dismissed (2000), 19 C.B.R. (4th) 33 (Alta. C.A.) 8. ATB Financial v Metcalfe & Mansfield Alternative Investments II Corp. (2008), 43 C.B.R. (5th) 269, 47 B.L.R.
    [Show full text]
  • Court File No. CV-17-11857-00CL
    Court File No. CV-17-11857-00CL ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C 36, AS AMENDED AND IN THE MATTER OF TK HOLDINGS INC., AND THOSE OTHER COMPANIES LISTED ON SCHEDULE “A” HERETO (collectively, the "Chapter 11 Debtors") AND IN THE MATTER OF TAKATA CORPORATION, AND THOSE OTHER COMPANIES LISTED ON SCHEDULE “B” HERETO (the "Japanese Debtors", and collectively with the Chapter 11 Debtors, the “Debtors”) APPLICATION OF TK HOLDINGS INC. AND TAKATA CORPORATION UNDER SECTION 46 OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT BRIEF OF AUTHORITIES (re: Order Recognizing Japanese Sale Approval) (Returnable May 17, 2018) May 10, 2018 McCarthy Tétrault LLP Toronto Dominion Bank Tower Toronto, ON M5K 1E6 Fax: (416) 868-0673 Heather Meredith LSUC#: 48354R Tel: (416) 601-8342 Email: [email protected] Eric S. Block LSUC#: 47479K Tel: 416-601-7792 Email: [email protected] Trevor Courtis LSUC#: 67715A Tel: (416) 601-7643 Email: [email protected] Lawyers for the Foreign Representatives TO: The Service List AND TO: List of Plaintiffs – Japanese Debtors Court File No. CV-17-11857-00CL ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C 36, AS AMENDED AND IN THE MATTER OF TK HOLDINGS INC., AND THOSE OTHER COMPANIES LISTED ON SCHEDULE “A” HERETO (collectively, the "Chapter 11 Debtors") AND IN THE MATTER OF TAKATA CORPORATION, AND THOSE OTHER COMPANIES LISTED ON SCHEDULE “B” HERETO (the "Japanese Debtors", and collectively with the Chapter 11 Debtors, the “Debtors”) APPLICATION OF TK HOLDINGS INC.
    [Show full text]
  • Court File No. CV-17-11857-00CL ONTARIO SUPERIOR COURT of JUSTICE (COMMERCIAL LIST) in the MATTER of the COMPANIES' CREDITORS
    Court File No. CV-17-11857-00CL ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C 36, AS AMENDED AND IN THE MATTER OF TK HOLDINGS INC., AND THOSE OTHER COMPANIES LISTED ON SCHEDULE “A” HERETO (the “Chapter 11 Debtors”) AND IN THE MATTER OF TAKATA CORPORATION, AND THOSE OTHER COMPANIES LISTED ON SCHEDULE “B” HERETO (the "Japanese Debtors", and collectively with the Chapter 11 Debtors, the “Debtors”) APPLICATION OF TK HOLDINGS INC. AND TAKATA CORPORATION UNDER SECTION 46 OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT BRIEF OF AUTHORITIES OF THE FOREIGN REPRESENTATIVES (re: Recognition of Claims Processes and Second Day Orders) (Returnable October 13, 2017) October 5, 2017 McCarthy Tétrault LLP Suite 5300, Toronto Dominion Bank Tower Toronto ON M5K 1E6 Heather L. Meredith LSUC#: 48354R Tel: (416) 601-8342 Email: [email protected] Eric S. Block LSUC#: 47479K Tel: 416-601-7792 Email: [email protected] Trevor Courtis LSUC#: 67715A Tel: 416-601-7643 Email: [email protected] Lawyers for the Foreign Representatives TO: THE SERVICE LIST SERVICE LIST (as of September 27, 2017) TO: McCARTHY TÉTRAULT LLP AND THORNTON GROUT Suite 5300 TO: FINNIGAN LLP 66 Wellington Street West Suite 3200 Toronto, ON M5K 1E6 100 Wellington Street West Toronto, Ontario Heather L. Meredith M5K 1K7 Tel: 416-601-8342 Email: [email protected] Robert Thornton Tel: 416-304-0560 Eric Block Email: [email protected] Tel: 416-416-601-7792 Email: [email protected] John Porter Tel: 416-304-0778 Trevor Courtis Email: [email protected] Tel: 416-601-7643 Email: [email protected] Rachel Bengino Tel: 416-304-1153 Counsel to the Foreign Representative Email: [email protected] Counsel to the Plan Sponsor AND FTI CONSULTING CANADA AND BENNETT JONES LLP TO: INC.
    [Show full text]
  • 00218SB-E93075 INSOLVENCY BRO.Indd
    InsolvencySource™ The Next Evolution in Legal Research – Introducing WestlawNext® Canada Dramatically improved searching, intelligent tools, and delivers you the best results, faster. Results are ranked an intuitive design are the key differentiating factors that by relevance and sorted by content type, so you can find will provide legal professionals with greater efficiency, what you need in minutes, not hours. effectiveness and confidence in their legal research. New Ways to Organize and Share Research Research Tools that Deliver Efficiency You can copy and paste with standard citation and From the flexible all-in-one search box and customizable annotate documents by highlighting text and adding interface to the search filters and visual indicators, personal notes. You can also drag and drop documents WestlawNext Canada brings you innovative research and text snippets into project folders. Then folder sharing tools so you can research in a way that’s most natural lets you tap into previous research across department and intuitive to you. and organizational boundaries like never before. Save time with instant access to shared documents from any Canada’s Most Advanced Legal Search Engine computer. No more reinventing the wheel. WestlawNext Canada lets you simultaneously search across different content types with a single query and CONVENIENT HOME PAGE AccESS TO EVERYTHING YOU NEED What’s in InsolvencySource™ Using InsolvencySource for Insolvency Law Research The InsolvencySource homepage provides quick and easy access to all of the exclusive research material available on the service, no matter how complex the issue. The weekly Houlden & Morawetz newsletter keeps practitioners up to date on all aspects of debtor- creditor law, not just insolvency law.
    [Show full text]
  • The Reorganization of Insolvent
    THE REORGANIZATION OF INSOLVENT BUSINESSES: A FUNCTIONAL COMPARISON OF THE CANADIAN AND AMERICAN MODELS by KEITH DENNIS YAMAUCHI B.A., The University of Calgary, 1977 LL.B., The University of Saskatchewan, 1981 A THESIS SUBMIEfED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAWS in THE FACULTY OF GRADUATE STUDIES (Faculty of Law) We accept this thesis as conforming to the required standard THE UNPIERSITY OF BRITISH COLUMBIA September 1994 © Keith Dennis Yarnauchi In presenting this thesis in partial fulfilment of the requirements for an advanced degree , I agree that the library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. It is understood that copying or publication of this thesis for financial gain not be allowed without my written permission. Department of Li.’ The University of British Columbia Vancouver, Canada Date ‘ DE-6 (2/88) 11 ABSUACE The business reorganization systems available to fmancially-distressed businesses in Canada are evolving into a system similar to that employed in the United States under Bankruptcy Reform Act of 1978 (Code). Business reorganizations have been an integral part of American commercial culture for almost a century. In Canada, business debtors may resort to the Companies’ Ceditoi A nwgemeni’ Act (CCAA) or the Bankruptcy and Insolvency Act (BIA), when seeking to reorganize their affairs. However, Canadian debtors use those systems sparingly. A primary objective of a business reorganization system is to balance the debtor’s rehabilitation efforts with the rights of creditors.
    [Show full text]
  • Brief of Authorities of TK Holdings Inc
    Court File No.: ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C 36, AS AMENDED AND IN THE MATTER OF TK HOLDINGS INC., AND THOSE OTHER COMPANIES LISTED ON SCHEDULE “A” HERETO (the “Chapter 11 Debtors”) APPLICATION OF TK HOLDINGS INC. UNDER SECTION 46 OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT BRIEF OF AUTHORITIES OF THE APPLICANT McCarthy Tétrault LLP Suite 5300, Toronto Dominion Bank Tower Toronto ON M5K 1E6 Heather L. Meredith LSUC#: 48354R Tel: (416) 601-8342 Email: [email protected] Eric S. Block LSUC#: 47479K Tel: 416-601-7792 Email: [email protected] Paul Davis LSUC # 65471L Tel: 416-601-8125 Email: [email protected] Trevor Courtis LSUC#: 67715A Tel: 416-601-7643 Email: [email protected] Lawyers for the Foreign Representatives TO: THE SERVICE LIST INDEX Court File No.: ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C 36, AS AMENDED AND IN THE MATTER OF TK HOLDINGS INC., AND THOSE OTHER COMPANIES LISTED ON SCHEDULE “A” HERETO (the “Chapter 11 Debtors”) APPLICATION OF TK HOLDINGS INC. UNDER SECTION 46 OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT BRIEF OF AUTHORITIES OF THE APPLICANT INDEX Tab Case 1. Babcock & Wilcox Canada Ltd., 2000 CanLII 22482 (ONSC) 2. Matlack Inc., Re, 2001 CanLII 28467 (ONSC) 3. Lear Canada (Re), 2009 CanLII 37931 (ONSC) 4. Global Light Telecommunications Ltd. (Re), 2004 BCSC 745 5. Global Ocean Carriers Ltd., 251 B.R. 6. MtGox Co., Ltd.
    [Show full text]
  • Book of Authorities of the Applicants (Genstar Settlement Approval)
    Court File No. CV-19-616077-00CL ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF IMPERIAL TOBACCO CANADA LIMITED, AND IMPERIAL TOBACCO COMPANY LIMITED Applicants BOOK OF AUTHORITIES OF THE APPLICANTS (Genstar Settlement Approval Motion returnable June 26, 2019) June 20, 2019 OSLER, HOSKIN & HARCOURT LLP P.O. Box 50, 1 First Canadian Place Toronto, ON M5X 1B8 Deborah Glendinning (LSO# 31070N) Marc Wasserman (LSO# 44066M) John A. MacDonald (LSO# 25884R) Craig Lockwood (LSO# 46668M) Tel: (416) 362-2111 Fax: (416) 862-6666 Lawyers to the Applicants, Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited LEGAL_1:55434527.3 - 2 - LIST OF AUTHORITIES TAB CASE 1. ATB Financial v Metcalf and Mansfield Alternative Investments II Corp, 2008 ONCA 587 2. Blencoe v British Columbia (Human Rights Commission), 2000 SCC 44 3. Labourers’ Pension Fund of Central and Eastern Canada v Sino-Forest Corporation, 2013 ONSC 1078 4. Re 1511419 Ontario Inc, 2015 ONSC 7538 5. Re Cline Mining Corporation, 2015 ONSC 622 6. Re Grace Canada Inc, 2008 CarswellOnt 6284 (Supt Ct) 7. Re Great Basin Gold Ltd, 2012 BCSC 1773 8. Re Imperial Tobacco Canada Limited et al, 2019 ONSC 1684 9. Re Imperial Tobacco Canada Limited et al, 2019 ONSC 2222 10. Re Imperial Tobacco Canada Limited et al, 2019 ONSC 2611 11. Re Indalex , 2009 CarswellOnt 4465 (Sup Ct) 12. Re Nortel Networks Corp, 2009 CarswellOnt 3583 (Sup Ct) 13.
    [Show full text]
  • Brief of the Proposal Trustee Filed April 22, 2021
    44003 COURT FILE NUMBER: B201-718482 COURT COURT OF QUEEN'S BENCH OF ALBERTA JUDICIAL CENTRE CALGARY COM IN THE MATTER OF THE NOTICE OF April 27, 2021 INTENTION TO MAKE A PROPOSAL Justice Neufeld OF GAIN ENERGY LTD. DOCUMENT: BRIEF ADDRESS FOR SERVICE AND MLT AIKINS LLP CONTACT INFORMATION OF 2100, 222 - 3rd Ave SW PARTY FILING THIS DOCUMENT Calgary, AB T2P 0B4 Telephone: 403.693.5420/4347 Fax: 403.508.4349 Attention: Ryan Zahara/Catrina Webster File: 0026391.00013 24821783 - 2 - TABLE OF CONTENTS I. INTRODUCTION ............................................................................................................ • 3 - II. BACKGROUND ............................................................................................................. - 5 - Ill. ISSUES .......................................................................................................................... - 5 - IV. LAW AND ARGUMENT ................................................................................................. - 5 - The Terms of the Proposal are Reasonable ................................................................... - 7 - The Proposal is Calculated to Benefit the General Body of Creditors ............................. - 8 - The Proposal is Made in Good Faith.............................................. ................................. - 8 - V. RELIEF REQUESTED............................ ........................................................................ - 9 - LIST OF AUTHORITIES ......................................................................................................
    [Show full text]