Tagged: Bankruptcy and Insolvency Act

Clash of the Interpretative Titans: Canada v. Canada North Group Inc.

In Canada v. Canada North Group Inc., 2021 SCC 30 [Canada v CNG], the Supreme Court of Canada (“SCC”) considered whether courts can order a super-priority charge that takes primacy...

The Anti-Deprivation Rule finds its way to the SCC in Chandos Construction Limited v Deloitte Restructuring Inc

Chandos Construction Ltd v Deloitte Restructuring Inc 2020 SCC 25 (“Chandos”) explores a number of issues but the main one addresses the anti-deprivation rule and whether its application requires an...

9254-9186 Quebec inc. v. Callidus Capital Corp. (“Bluberi”): Affirming Judicial Discretion and Litigation Funding in Insolvency

Introduction Insolvency judgements from Canada’s highest court are relatively rare. The Supreme Court of Canada (“SCC”) has decided only six since 2015. The most recent of these decisions, 9254-9186 Quebec...