Publications

Pari Passu Prevails: The Court of Appeal’s Decision in Bridging Finance

In this article, Adam Driedger writes about the Court of Appeal’s decision in the investor priority dispute in the Bridging Finance receivers...

Featuring John L. Finnigan, Grant B. Moffat, James Hardy and Adam Driedger

Glittering Woes: Stornoway’s Insolvency Storm Strikes Again as India’s Diamond Import Freeze Impacts Canada

In this article published by Insolvency Insider, Divi Dev discusses the potential impacts to Canada’s and India’s diamond industries fo...

Featuring Divyansh (Divi) Dev

Back to the future? The in-person v. remote work debate revisited

James Hardy contributed an editorial to the Fall 2024 edition of Keeping Tabs, the quarterly newsletter of The Advocates’ Society. In the art...

Featuring James Hardy

Crypto-Bankruptcy Claims: When the Going Gets Tough, The Tough Get Trading

Singapore Global Restructuring Initiative (SGRI), May 5, 2023 Authored by Divi Dev, this article discusses the emergence of private crypto-cla...

Featuring Divyansh (Divi) Dev

TGF Counsel The Hon. Frank J.C. Newbould, K.C. authored an article “Arbitrating insolvency issues - a Canadian Perspective”, included in the recent South Square Digest

Featuring Hon. Frank J.C. Newbould

Adrienne Ho authored an article titled "Split Success? A Cross-Country Retrospective on Seeking an Appeal under Section 193 of the BIA"

Adrienne Ho’s article, “Split Success? A Cross-Country Retrospective on Seeking an Appeal under Section 193 of the BIA" has been publis...

Featuring Adrienne Ho

Cross Border Jeopardy: A Comparative Analysis on Key Insolvency Topics Across Various Jurisdictions.

Rachel Nicholson co-authored an article titled “Cross Border Jeopardy: A Comparative Analysis on Key Insolvency Topics Across Various Jurisdi...

Featuring Rachel Nicholson

“Importance of Debtor’s Good Faith in Proposal Proceeding” in National Insolvency Review, Vol 39, No 6.

Featuring Alexander Soutter

Supreme Court of Canada confirms arbitration agreements may be inoperative in insolvency proceedings

By Rachel Nicholson and Alexander Overton[1] It is common for modern commercial agreements to include mandatory arbitration provisions which direct...

Featuring Rachel Nicholson and Alexander Overton

Leanne Williams co-authored the article "The Pandemic – An Unconventional Review of Where We Are and Where We Should Go From Here?”

For more information on this article published in the Journal of the Insolvency Institute of Canada, click here.

Featuring Leanne M. Williams

The Court of Appeal confirms that not all covenants to insure impose an assumption of risk - Construction Law Letter November/December 2022

Published in the Construction Law Letter (LexisNexis), and republished with permission. Construction Law Letter November December 2022 Issue

Featuring Daniel A. Schwartz, Alexander Soutter and Adrian Visheau

Harmonising Alternate Restructuring Mechanisms within India's Insolvency Code: Utility and Need for Schemes of Arrangement

International Corporate Rescue, March 12, 2022. This article, co-authored by Divi Dev, explores a specific restructuring tool used in India’s...

Featuring Divyansh (Divi) Dev

The Supreme Court of Canada Provides Clarity to the Interpretation of Releases - Construction Law Letter May/June 2022.

Published in the Construction Law Letter (LexisNexis), and republished with permission. Construction Law Letter May June 2022 Issue

Featuring Adrian Visheau and Adrienne Ho

Tempering Kitco: SCC Clarifies Right to Pre- and Post-Filing Set-Off under the CCAA

Featuring Adrienne Ho and Rachel Nicholson

Court of Appeal says agreeing to insure doesn’t always mean agreeing to assume risk

An agreement to obtain insurance against a particular peril does not necessarily mean that the party obtaining the insurance has assumed all respon...

Featuring Daniel A. Schwartz, Adrian Visheau and Alexander Soutter

Leanne Williams, Puya Fesharaki & Derek Harland co-authored the 2022 Canadian Restructuring & Insolvency chapter of Lexology Getting the Deal Through.

Leanne Williams, Puya Fesharaki and Derek Harland co-authored the 2022 Canadian Restructuring & Insolvency chapter of Lexology Getting the Deal...

Featuring Leanne M. Williams, Puya Fesharaki and Derek Harland

“An Advocate’s View from the Public Gallery” (Winter 2021) 40:3 The Advocates’ Journal

Featuring Deborah E. Palter

No “Stranger” to the Proceeding: CCAA Court Reaffirms Single Proceeding Model - National Creditor Debtor Review

Featuring Rachel Nicholson and Adrienne Ho

McEwan Enterprises Fails to Satisfy Section 36(4) of CCAA

By Derek Harland On Monday, November 1, 2021, Chief Justice Morawetz (“CJ Morawetz”) of the Ontario Superior Court of Justice declined ...

Featuring Derek Harland

Relief from Forfeiture: a broad and flexible remedy that is often overlooked

By Daniel Schwartz and Jessica DeFilippis1 Relief from forfeiture is a broad and flexible equitable remedy that is often overlooked and frequent...

Featuring Daniel A. Schwartz and Jessica DeFilippis

Litigation Lenders Beware of Potential Adverse Cost Awards

By Alexander Soutter A recent decision from the Ontario Superior Court of Justice may put litigation lenders on edge. In Davies v The Corporation o...

Featuring Alexander Soutter

The Summary Judgment Exception to Mandatory Arbitration

By Erin Pleet and Jessica DeFilippis In the recent case of Jencel 407 Yonge Street Inc. v. Bright Immigration Inc. and Ramroop,1  th...

Featuring Erin Pleet and Jessica DeFilippis

No “Stranger” to the Proceeding: CCAA Court Reaffirms Single Proceeding Model

By Rachel Nicholson and Adrienne Ho.1 The single proceeding model, which is a core tenet in insolvency proceedings, was recently reaffirmed in the...

The Nortel Saga- A Tale of Two Cities

The Nortel Saga-A Tale of Two Cities1 By The Honourable Frank J.C. Newbould, K.C.2 The Nortel Networks Corporation saga was unique for the partie...

Featuring Hon. Frank J.C. Newbould

SCC Provides Much-Needed Clarity on Deemed Trust Priority

The Supreme Court of Canada (“SCC”) in Canada v. Canada North Group Inc., 2021 SCC 30 [Canada North] recently held that courts in ...

Featuring Derek Harland