Q3 2022: Clarifying Sealing Orders, Stalking Horse Bids and More
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Jeremy OpolskyPartner, Torys LLP

Katie Mak, Partner, Clark Wilson LLP

Joshua Bouzaglou, Associate, Woods LLP

Dina Milivojevic, Editor, Insolvency Insider


Q3 2022’s case law had us doubting what we thought we knew! From shaking things up with respect to sealing orders, to clarifying the test for the approval of a stalking horse bid, this past quarter’s case law is not to be missed.

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:

  • a caution on sealing orders issued by the Ontario Court;
  • a dispute between the Monitor and CRA regarding the Monitor’s right to attend examinations for discovery in tax litigation involving the debtor company;
  • the permissibility of a roll-up DIP;
  • the availability of relief from forfeiture in the context of a failure to pay rent during COVID;
  • the approval of yet another contested RVO;
  • the BC Court’s refusal to approve a stalking horse bid; and
  • the enforceability of an arbitration clause in receivership proceedings.

Editor’s note: Leave to appeal has been sought from the Supreme Court in the Blackrock Metals Inc. case.