Bankruptcy and Insolvency Litigation
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OVERVIEW
Bankruptcy and Insolvency proceedings form an ever-increasing component of the normal business world. The various legislative regimes which govern such matters, including the Bankruptcy and Insolvency Act and the Companies Creditors Arrangement Act, are complex and often difficult to interpret. Significantly, bankruptcy matters can attract a wide range of participants, from the most sophisticated and knowledgeable multi-national corporations to small, private homeowners, often in the same file.
In practice, bankruptcy issues and related hearings can raise their heads in nearly every area of law, sometimes interrupting or complicating an otherwise simple dispute. An informed and particularized expertise is almost always needed to navigate those issues and allow a party to choose the right way forward.
SERVICES
Our Bankruptcy & Insolvency Litigation Group covers the full range of related matters, including:
Bankruptcy Litigation
- Opposed Discharge Hearings
- Examinations under the BIA
- Representing parties at creditor meetings
- Filing of Proofs of Claim
- Acting as Estate Inspectors
- Acting as agents for the Trustee
- Receiverships
- Collection and protection of Secured Assets
- Restructuring under the Canadian Companies' Arrangement Act
- Consumer Proposals under the Bankruptcy and Insolvency Act
- Priority Disputes
- Liquidations
- Cross-border Insolvencies
- Impacts of Bankruptcy on Directors, Officers, and Employees
- Our lawyers regularly appear at all levels of court on bankruptcy and insolvency matters, including the Ontario Court of Appeal
Among our clients, we count:
- Insurers
- Financial Institutions
- Secured Creditors
- Execution Creditors
- Contractors and other Service Providers
- Lenders
- Trustees
- Receivers
- Debtors
Our lawyers are also regularly consulted by counsel in the United States and international clients on cross-border insolvency matters.
Questions should be directed to any member of our Bankruptcy & Insolvency Litigation Group. Our lawyers have the experience and knowledge to offer efficient and timely solutions to these difficult and legally complex situations.
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Are you a creditor and do you have standing? Maybe not. Case Study: YG Limited Partnership and YSL Residences Inc.
Justice Osborne of the Ontario Superior Court (Commercial List) recently released his reasons in YG Limited Partnership and YSL Residences Inc., 2022 ONSC 6548, and the implications for future bankruptcy and insolvency proceedings are notable.
The brief facts of the motion were as follows.
Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss
First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.