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.