On appeal from the Court of Appeal for New Brunswick: Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34
A long-awaited decision of the Quebec Superior Court in the Timminco CCAA matter has decided upon the priority ranking of pension deemed trusts.
Class Actions: the Supreme Court of Canada Reaffirms the Flexibility of the Conditions for the Authorization of a Class Action in Quebec
On January 16, 2014, the Supreme Court of Canada rendered an important decision in class action matters in the case of Vivendi Canada Inc. v. Dell’ Aniello, 2014 SCC 1.
On December 13, 2013, in the matter of IBM v. Waterman, the Supreme Court of Canada rendered a judgment that illustrates the importance of pension-plan related issues following a dismissal.
Statistics show that fraud by employees is a significant problem for Canadian businesses. For example, 25% of internal fraud cases result in losses of a million dollars on average – even though, with advances in technology and computer science, fraud should be much easier to eliminate, given the new resources available to employers for investigating and proving it.
Purchasers in CCAA Court-Approved Asset Sales Remain Subject to the Jurisdiction of the Court Even After Closing
This article was also featured in the National Insolvency Review, Vol. 31, No. 2 (April 2014) at 13-17. The relevant extract of the NIR can be read by clicking here (published with permission of the publisher, LexisNexis Canada Inc.)
In a recent decision, the Quebec Court of Appeal (“QCA”) examined the scope of the powers of a judge overseeing the restructuring of a company pursuant to the Companies Creditors Arrangement Act2 (“CCAA”). Specifically, the QCA had to determine the extent of a judge’s jurisdiction in ensuring the implementation of – and compliance with – the conditions precedent of a sale of assets that same had approved.