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Articles by Steven Graff
Aird & Berlis Lawyers Named in Lexpert Special Edition: Insolvency and Restructuring 2026
We are proud to share that eight of our partners have been named in the 2026 Lexpert Special Edition: Insolvency and Restructuring. Congratulations to the following lawyers for this recognition: Ian Aversa is Co-Leader of the firm's Restructuring & Insolvency Group and a member of the Financial Services, Litigation & Dispute Resolution and Technology Groups.
How executive orders are shaping your business
With every new administration comes change. However, the current presidential administration is moving at a speed surpassing previous administrations, with President Trump issuing more than 140 executive orders in his first month 100 days in office. Many of the orders have been unclear, requiring memos to clarify them. Others have been paused or halted by court challenges. Local businesses and individuals are being impacted by uncertainty as Executive Orders are implemented.
Bay Street Lawyers Beware: U.S. Court Finds Conflict Of Interest Representing Debtor And One Of Its Major Shareholders
Many litigators and corporate lawyers view the practice of representing a large shareholder and the company in which it is invested as common practice. In many instances, no conflict of interest will ever materialize such that the shareholder and the company require separate representation.
Aird & Berlis Recognized in Chambers Global Guide 2024
Aird & Berlis is pleased to announce it has been recognized at the firm and individual levels in the 2024 edition of the Chambers Global Guide. The firm was recognized as a leader in the areas of Tax and Restructuring/Insolvency and the following individuals were recognized in their respective areas of practice. Jack Bernstein: Tax Jackis one of Canada’s preeminent tax lawyers and an authority on multijurisdictional matters.
Issues With Issuance In The Event Of Default
Can a Notice of Sale Under the Mortgages Act Be Issued Concurrently with a Notice of Intention to Enforce Security Under Section 244 of the Bankruptcy and Insolvency Act? On December 1, 2023, the Superior Court of Justice (Commercial List) (the "Court") released its decision inCBJ Developments Inc. v. 1180554 Ontario Limited, 2023 ONSC 6773, addressing whether a notice of intention to enforce security ("BIA Notice") issued under section 244 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c.
Issues With Issuance in the Event of Default
On December 1, 2023, the Superior Court of Justice (Commercial List) (the “Court”) released its decision in CBJ Developments Inc. v. 1180554 Ontario Limited, 2023 ONSC 6773, addressing whether a notice of intention to enforce security (“BIA Notice”) issued under section 244 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the “BIA”) can be issued concurrently with a notice of sale under the Mortgages Act, R.S.O. 1990, c. M.40 (the “Mortgages Act”).
In Re: The Hacienda Company, LLC – The Budding Change In U.S. Bankruptcy Law Starts To Flower - Insolvency/Bankruptcy - Canada
*The authors would like to thank Noah Weingarten, associate at Loeb & Loeb LLP in New York, who provided input on this article. While gaining recognition of Canadian insolvency proceedings south of the border used to be wishful thinking for an insolvent Canadian entity having involvement in the cannabis industry, such proceedings are now seemingly becoming a potential option.
This Could Be 'The One': Considerations For When A Property Developer Faces Insolvency
A few weeks ago, real estate practitioners, investors, speculators, lenders and aspiring homeowners were all surprised to learn that The One, a monster development at 1 Bloor St. West in Toronto, was being placed into receivership. The project undertaken by Sam Mizrahi and his company, Mizrahi Inc., is slated to be an 85-storey mixed-use residential tower in the heart of the city, comprising retail stores, a restaurant, a hotel and luxury residential suites.
BioSteel Files For Creditor Protection: Will The Budding Change In U.S. Bankruptcy Law Bloom? - - Canada
A recent Canadian insolvency filing could provide insight into how U.S. courts will approach Chapter 15 applications from foreign cannabis-related entities. BioSteel Sports Nutrition Inc.
BioSteel Files for Creditor Protection: Will the Budding Change in U.S. Bankruptcy Law Bloom?
A recent Canadian insolvency filing could provide insight into how U.S. courts will approach Chapter 15 applications from foreign cannabis-related entities. BioSteel Sports Nutrition Inc.
In Re: The Hacienda Company, LLC – A Budding Change In Bankruptcy Law For Cannabis Companies? - - Canada
*The authors would like to thank Noah Weingarten, associate at Loeb & Loeb LLP in New York, who provided input on this article. There may be hope on the horizon for insolvent Canadian cannabis companies who wish to seek recognition proceedings south of the border.
Html.Raw(Current Status Of Court Access For Insolvency And Bankruptcy Matters In Light Of COVID-19 - Insolvency/Bankruptcy/Re-structuring - Canada)
To print this article, all you need is to be registered or login on Mondaq.com. The global COVID-19 pandemic has resulted in widespread closures and suspension of operations, including within the justice system in Ontario. Ontario courts have issued a number of notices detailing the changes to regular court operations.
Html.Raw(Financial Services In The Time Of COVID-19: Defaults Under Credit Agreements And Options For Lenders In Response - Coronavirus (COVID-19) - Canada)
Canada: Financial Services In The Time Of COVID-19: Defaults Under Credit Agreements And Options For Lenders In Response 25 April 2020 by Steven L. Graff and Shakaira John Aird & Berlis LLP To print this article, all you need is to be registered or login on Mondaq.com. The global COVID-19 pandemic presents extraordinary challenges for all participants in the financial services industry.
Clarity in Appeal Procedures: The BIA Prevails
Back to all publications Jan 23, 2019 By Steven L. Graff, Miranda Spence, Kyle B. Plunkett and Monica Carinci A recent decision of Justice Watt of the Ontario Court of Appeal definitively answers the question of which appeal procedure must be followed in appeals of Orders made in proceedings constituted under both the Bankruptcy and Insolvency Act (the “BIA”)1 and the Courts of Justice Act (the “CJA”).2 Justice Watt’s decision in Business Development Bank of Canada v. Astoria Organic Matters Ltd.
Ontario Repeals Bulk Sales Act
A century ago, Ontario drafted legislation to protect unpaid creditors from their debtors selling assets in bulk outside of the ordinary course of business. Over the years, with the introduction of other, more efficient creditor protection legislation, the business community began to consider bulk sales legislation to be an inefficient and outdated means of protection and it became more of a source of frustration, creating additional cost and risk with limited return.
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