- Are you a creditor and do you have standing? Maybe not. Case Study: YG Limited Partnership and YSL Residences Inc. by Howard Borlack, December 02, 2022
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- Updates around Civil Matters in the Superior Court of Justice in the Central East Region by Howard Borlack, August 10, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. by Howard Borlack, June 29, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
BANKRUPTCY AND INSOLVENCY LITIGATION
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.
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.