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Articles by Claire Hildebrand
B.C. Court Clarifies Law On Appointment Of A Receiver Over Real Estate Assets
On January 11, 2024, the British Columbia Supreme Court released its reasons in Bank of Montreal v. Haro-Thurlow Street Project Limited Partnership, which clarified the approach of British Columbia courts when asked to appoint a receiver over real estate assets. This decision provides important guidance to lenders with security in real estate projects and other stakeholders in real estate ventures.
Un tribunal de la C.-B. fournit des précisions au sujet de la nomination de séquestres à l’égard d’actifs immobiliers | JD Supra
[co-author: Martin Greyell, Student] Introduction Le 11 janvier 2024, la Cour suprême de la Colombie-Britannique (la « Cour ») a publié sa décision dans l’affaire Bank of Montreal v. Haro-Thurlow Street Project Limited Partnership, laquelle donne des précisions sur l’approche adoptée par les tribunaux de la Colombie-Britannique saisis d’une demande de nomination d’un séquestre à l’égard d’actifs immobiliers.
B.C. Court Clarifies Law on Appointment of a Receiver Over Real Estate Assets | JD Supra
[co-author: Martin Greyell, Student] Introduction On January 11, 2024, the British Columbia Supreme Court released its reasons in Bank of Montreal v. Haro-Thurlow Street Project Limited Partnership, which clarified the approach of British Columbia courts when asked to appoint a receiver over real estate assets. This decision provides important guidance to lenders with security in real estate projects and other stakeholders in real estate ventures.
B.C. Court Clarifies Law on Appointment of a Receiver Over Real Estate Assets | Blakes
Introduction On January 11, 2024, the British Columbia Supreme Court released its reasons in Bank of Montreal v. Haro-Thurlow Street Project Limited Partnership, which clarified the approach of British Columbia courts when asked to appoint a receiver over real estate assets. This decision provides important guidance to lenders with security in real estate projects and other stakeholders in real estate ventures.
Centralization in Canadian Insolvency Proceedings | JD Supra
Commercial insolvency can affect stakeholders located in multiple jurisdictions and possessing diverse legal rights. A recent notable trend in Canadian insolvency law is the centralization in insolvency proceedings, where courts have recognized that an effective restructuring of an insolvent business may depend on the centralization of stakeholder claims in a single proceeding.
Supreme Court of Canada Clarifies Application of Arbitration Clauses in Insolvency | JD Supra
In the recent case of Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41 (Peace River), the Supreme Court of Canada (the SCC) clarified the circumstances in which an otherwise valid arbitration agreement may be held to be inoperative in the context of a court-ordered receivership under the Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3 (the BIA).
Court Concludes That Securities Commission Administrative Penalty Is Not Discharged Through Bankruptcy
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