Advisory Board: Pamela Huff of Blake, Cassels & Graydon LLP; Peter Gibson of Alvarez & Marsal Canada Inc.; Max Mendelsohn of McMillan LLP; Peter Farkas of KVS Advisory Inc.; and David Mann of Dentons Canada LLP
Editorial Board: Professor Stephanie Ben-Ishai, Osgoode Hall Law School, York University; and Professor Rod Wood, Faculty of Law, University of Alberta
The Journal of the Insolvency Institute of Canada brings together articles written by the thought leaders at the IIC, discussing the most important insolvency and restructuring topics, policies, and issues of the day. In this exclusive volume, all of the topics discussed at the annual conference of the Insolvency Institute of Canada are now available to members and non-members alike. It represents an important glimpse into the evolution of Canadian insolvency law and policy-making.
Articles discussed include the most important insolvency restructuring topics, policies and issues of the day:
- Civil Remedies Act and insolvency proceedings by Leanne Williams and Mike Hanson – Williams and Hanson discuss the operation of civil forfeiture legislation that permits the Crown to obtain an order for the forfeiture of property acquired in connection with unlawful activity.
- Oppression Remedy in CCAA Proceedings by Lance Williams and Al Hutchins – Williams, Hutchins, and Enns examine the debt claim/equity claim distinction that was introduced in the 2009 insolvency law amendments.
- Recent CRA/GST Priority Decisions by Anthony Tillman and Emily Csiszar –Tillman and Csiszar review the implications of the Callidus decision, currently under appeal to the Supreme Court of Canada.
- Representation Orders, by Allan Nackman and George Benchetrit – Nackan and Benchetrit drill down on one instance of judicial discretion – the granting of representation orders.
- Post Redwater by Jeff Oliver – Oliver discusses the contest between the Alberta Energy Regulator and insolvency professionals seeking to sell off oil field assets.
- Kitco Decsion and Implications by Michel Marleau and Louis Dumont – Dumont and Marleau examine the common principle of set-off and the correlative civil law principle of compensation.
- Liquidating CCAAs Going Forward by Robin Schwill – Schwill proposes a set of legislative amendments that would explicitly recognize liquidating CCAA proceedings.
- Judicial Discretion in Insolvency Cases by David Bish – Bish examines the concept of judicial discretion and analyzes various mechanisms that can be used to provide appropriate and reasonable limits to it.
Also available on InsolvencySource.