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Articles by Sam Babe
It's All Peakhill From Here: Appellate Confirmation Of Courts' Jurisdiction To Grant Reverse Vesting Orders In Receivership Proceedings
On July 2, 2024, the Court of Appeal for British Columbia (the "Court") released its highly anticipated decision in British Columbia v. Peakhill Capital Inc., 2024 BCCA 246 ("Peakhill") concerning the use of reverse vesting orders ("RVOs") to effect sale transactions structured to avoid provincial property transfer taxes for the benefit of creditors.
Ontario Does Away With Registration On Title Of PPSA Notices Of Security Interest In Consumer Goods
To listen to an audio recording of this article, click here. On June 6, 2024, Bill 200, the Homeowner Protection Act, 2024 (the "Act")1 received royal assent and came into force in Ontario amending, among other things, the Personal Property Security Act (the "PPSA") section 54 provisions governing the registration of notices of security interest ("NOSIs").
Ontario Does Away With Registration on Title of PPSA Notices of Security Interest in Consumer Goods
On June 6, 2024, Bill 200, the Homeowner Protection Act, 2024 (the “Act”)[1] received royal assent and came into force in Ontario amending, among other things, the Personal Property Security Act (the “PPSA”) section 54 provisions governing the registration of notices of security interest (“NOSIs”). Financiers of consumer goods will no longer be able to register their PPSA security interests on title to the properties where such consumer goods are installed as fixtures.
Aird & Berlis Recognized in 2024 Canadian Legal Lexpert Directory
Aird & Berlis is proud to announce that it has been recognized as one of the 2024 Leading Law Firms across Canada based on an extensive peer survey process. The Canadian Legal Lexpert Directory has recognized 62 partners at the firm as leading lawyers across 37 different practice areas.
Asserting Limitation Period Defences In The Bankruptcy Context
The Court of Appeal for Ontario in AssessNet Inc. v. Ferro Estate, 2023 ONCA 577 recently considered when an action commenced in respect of a claim that has been assigned pursuant to s. 38 of the Bankruptcy and Insolvency Act (the "BIA") will be statute-barred under the Limitations Act, 2002 (the "Limitations Act"). Being a creditor of the bankruptcy estate of Lucio Anthony Ferro, AssessNet Inc.
Asserting Limitation Period Defences in the Bankruptcy Context
A Case Comment on AssessNet Inc. v. Ferro Estate, 2023 ONCA 577 The Court of Appeal for Ontario in AssessNet Inc. v. Ferro Estate, 2023 ONCA 577 recently considered when an action commenced in respect of a claim that has been assigned pursuant to s. 38 of the Bankruptcy and Insolvency Act (the “BIA”) will be statute-barred under the Limitations Act, 2002 (the “Limitations Act”). Being a creditor of the bankruptcy estate of Lucio Anthony Ferro, AssessNet Inc.
Virtual Collateral 101: How to Take and Enforce Security Over Cryptocurrencies, Crypto-Assets and Central Bank Digital Currencies
In recent years, there has been a proliferation of lending secured by crypto-assets through online decentralized platforms. It is estimated that, during one month in 2021, more than US$122 billion in transaction volume occurred through such platforms.1 This level of activity demands a close look at legal issues that arise when borrowing against cryptocurrencies and other virtual assets.
Court Permits Trustee To Access Bankrupt's Premises And Assign A Lease Over Landlord's Objection That The Premises Were Previously Surrendered By Receiver - Real Estate and Construction - Canada
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SCC Releases Reasons In 9354-9186 Québec Inc. V. Callidus Capital Corp.
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Html.Raw(SCC Refuses Leave To Appeal Receiver's Priority Over Property Tax Claims - Litigation, Mediation & Arbitration - Canada)
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SCC Grants Leave To Appeal Priority Of CCAA Charges Over Federal Source Deduction Deemed Trusts
To print this article, all you need is to be registered or login on Mondaq.com. On March 26, 2020, leave to appeal the decision of the Alberta Court of Appeal (the "Alberta CA") in Canada v. Canada North Group Inc.1 ("Canada North Group") was granted by the Supreme Court of Canada (the "SCC").2 No reasons were given.
Ontario Court Of Appeal Holds No Leave Required In Appeals Of Bankruptcy Orders
To print this article, all you need is to be registered or login on Mondaq.com. On March 6, 2020, the Ontario Court of Appeal (the “OCA”) released its decision in Royal Bank of Canada v. Bodanis (“Bodanis”),1 holding that two debtors, each having an estate exceeding $10,000 in value, had appeals of their bankruptcy orders as of right under section 193 of the Bankruptcy and Insolvency Act2 (the “BIA”) and thus did not need to seek leave to appeal.
Anisman v. Drabinsky: Claim To Set Aside Fraudulent Conveyance Of Land Subject To Real Property Limitations Act 10-Year Limitation Period
To print this article, all you need is to be registered or login on Mondaq.com. On February 25, 2020, the Ontario Superior Court of Justice (the "OSCJ") released its decision in Anisman v.
Debtor And Creditor Bring Competing CCAA And Receivership Applications, NL Court Dismisses Both
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Alberta Court Of Appeal Orders Trustee To Post Security For Costs
To print this article, all you need is to be registered or login on Mondaq.com. On January 29, 2020, the Alberta Court of Appeal (the “Alberta CA”) released its decision in PricewaterhouseCoopers Inc. v Perpetual Energy Inc.1 (“Perpetual Energy”), granting applications requiring a trustee in bankruptcy (the “Trustee”) to post security for costs on appeals brought by the Trustee.
Application To Replace A CCAA Monitor Denied For Lack Of Standing
To print this article, all you need is to be registered or login on Mondaq.com. On October 10, 2019, the Supreme Court of British Columbia (the “BCSC” or the “Court”) released its decision in 8640025 Canada Inc. (Re)1 (“8640025 Canada”), denying an application to replace the monitor (the “Monitor”) in a Companies’ Creditors Arrangement Act2 (the "CCAA") proceeding because the applicant was not a creditor and therefore had no standing to bring such an application.
Ontario Court Revisits Issue Of Landlord Drawing On A Letter Of Credit In Excess Of BIA Preferred Claim
To print this article, all you need is to be registered or login on Mondaq.com. In 7636156 Canada Inc. v. OMERS Realty Corporation1 ("7636156 v.
SCC Reinstates Quebec Superior Court Judgment In 9354-9186 Québec Inc. v. Callidus Capital Corp.
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
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