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Blake, Cassels & Graydon LLP

Landing in a Safe Harbour: Five Takeaways From the Red Lobster Cross-Border Restructuring

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In May 2024, Red Lobster Management LLC (RL Management) and fourteen of its affiliates (collectively, Red Lobster), including Red Lobster Canada Inc. (Red Lobster Canada), commenced proceedings in the United States Bankruptcy...more

Bennett Jones LLP

In Dealing with Fraudulent Conveyances—The Rebuttable Presumption of Fraudulent Intent—IE CA 3 Holdings Ltd. v NYDIG ABL LLC, 2024...

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A requirement of proving a fraudulent conveyance occurred is establishing that the conveyance was fraudulently intended. Courts in British Columbia will rely on the presence of ‘badges of fraud’, such as whether the...more

Bennett Jones LLP

Is Pricing All That Matters When Borrowing?

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For many borrowers, pricing is the most significant factor when deciding on a lender. If you are borrowing from a mid-market lender (MML), it is more than likely that the deal will be papered on that MML's standard form...more

Blake, Cassels & Graydon LLP

Chapter 11 and CCAA: A Cross-Border Comparison

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Chapter 11 and CCAA - A Cross-Border Comparison - A Comparison of the Key Differences Between Chapter 11 of the U.S. Bankruptcy Code and the Companies’ Creditors Arrangement Act. ...more

Blake, Cassels & Graydon LLP

Blakes Continuity Podcast: What to Expect When Insolvency Crosses the Border

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The turbulent COVID-19 economy has put a spotlight on the complex and often delicate insolvency process on both sides of the border. Listen to partners Linc Rogers, Kelly Bourassa and Sébastien Guy on our latest podcast as...more

Bennett Jones LLP

The Priority of Unpaid Post-Filing Creditors in a CCAA Proceeding

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On August 27, 2019, Quebec's Court of Appeal overturned the Quebec Superior Court's decision to give post-filing claims priorities over secured creditors' claims, stating that section 11.01 of the CCAA does not give automatic...more

Blake, Cassels & Graydon LLP

Improper Purpose by a Creditor? The Quebec Court of Appeal Weighs In

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On February 4, 2019, the Quebec Court of Appeal (Court of Appeal) ruled in the restructuring proceedings of Bluberi Gaming Technologies Inc., now 9354-9186 Québec Inc., et al. (Bluberi) that under the Companies’ Creditors...more

Blake, Cassels & Graydon LLP

Recent Developments in Canadian Insolvency Case Law: What Lenders Need to Know

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In 2017, a number of insolvency cases were litigated, in various provinces across Canada, which may materially affect the realization and recovery rights of commercial lenders in restructuring and insolvency proceedings. This...more

Latham & Watkins LLP

Exporting ERISA After Walter Canada

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Latham & Watkins partners Bradd Williamson and Mitchell Seider discuss the recent Canadian court decision that dismisses ERISA controlled group claims and its potential impact on lenders and other creditors in restructuring...more

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