In an interesting turn of events, Q1 2022 had us questioning what we thought we knew on a slew of insolvency topics. This quarter’s case law spanned issues including priming charges, priority disputes, the harmonization of the BIA and the CCAA, and the applicability of a decision rendered in a particular province across the rest of Canada. We also saw novel relief granted in the context of employee obligations.

Join us for an informative 45 minute discussion in which our expert panel considers the implications of a number of significant cases. We’ll cover, among other things:

• clarity provided by the Ontario Superior Court on reverse vesting orders in the CCAA proceedings of Harte Gold Corp.;
• the Quebec Superior Court’s treatment of competing applications for a receivership proceeding and a CCAA proceeding in the context of a single purpose real estate entity;
• a number of recent cases from the West Coast that may impact how we interpret Redwater going forward;
• the status of a case before the Québec Court of Appeal pertaining to the interpretation of Canada North and, more specifically, the court’s ability to order priming charges above the Crown’s deemed trust in a BIA proposal;
• the British Columbia Supreme Court’s ruling on a pre-emptive request for a declaration that the interest rate and fees charged by a DIP lender did not violate the Criminal Code in the CCAA proceedings of Port Capital; and
• the new WEPP scheme vis-à-vis CCAA proceedings and BIA proposals, and novel relief allowing an alternative to administering WEPP in the CCAA proceedings of MEC.