Regional news: Canada

Canadian Supreme Court upholds insolvency court's power to find arbitration clauses inoperative

Canadian insolvency legislation empowers courts to consider arbitration clauses inoperative if enforcing them would compromise a receivership and hurt creditors, the country's top court has said, in a case that would otherwise have required EY as receiver to use funds from an insolvent contractor’s estate to pursue at least four arbitrations with seven different sets of parties.

25 November 2022

Endo affiliate Astora’s Chapter 11 fully recognised in Australia

An affiliate of the Endo pharma group has secured recognition of its Chapter 11 in Australia, a month after it was granted interim relief staying personal injury claims from women who allege they have suffered complications from its transvaginal mesh products.

31 October 2022

Canadian court recognises second day orders in Endo Ch11

A Canadian subsidiary of troubled US pharmaceuticals group Endo International and some of its local affiliates have secured recognition of a series of second day orders issued in its ongoing Chapter 11 restructuring.

24 October 2022

Nevada-based cannabis group enters CCAA

Struggling US cannabis producer Flower One’s Canadian parent has secured protection under Canada’s Companies’ Creditors Arrangement Act after restructuring two sets of Canada-listed debentures and its term debt over the last two years.

19 October 2022

Mina Tucano secures Ch15 recognition, Canadian parent converts bankruptcy

Gold miner Mina Tucano's Brazilian judicial reorganisation has been recognised in New York, as its Canadian parent converted its own bankruptcy to Companies Creditors Arrangement Act proceedings – but a creditor now appears to seeking to place the parent back in bankruptcy.

19 October 2022

Latham advising as Bang energy drink owner files Ch11 in Florida

The owner of US energy drink Bang is seeking bankruptcy protection in Miami to overhaul its distribution system and stay a host of litigation, including trademark infringement and false advertising claims from a rival company.

11 October 2022

Global gas group seeks Ch15 recognition of Canadian restructuring

Updated: Toronto-listed sustainable gas provider Xebec Adsorption is seeking US recognition of its Canadian restructuring to preserve the group’s operations while it implements a sale and investment solicitation process.

03 October 2022

Cineworld to seek Ch11 recognition in UK and Turkey, stay imposed in Canada

Canadian cinema chain Cineplex has failed to modify a Chapter 11 stay so an Ontario court can hear an appeal over its botched merger with bankrupt British film conglomerate Cineworld, as a Texas bankruptcy judge expressed disappointment creditors outside the US “feel they are not bound by the worldwide injunction imposed by Congress”.

29 September 2022

Cassels Brock & Blackwell replenishes team after Buttery’s departure

Cassels Brock & Blackwell’s restructuring and insolvency group in Vancouver has hired a partner from McMillan, just two weeks after partner Mary Buttery KC left it for Osler Hoskin & Harcourt.

27 September 2022

Two fora not appropriate: hair product dispute must be adjudicated in Canadian bankruptcy

A Canadian proposal trustee will have to adjudicate long-standing claims between a hair salon chain and product manufacturer Moroccanoil, and not the New Jersey court that has already been hearing the dispute for seven years, after an Ontario court refused to grant the trustee leave to appeal a decision stopping the parties from proceeding in two fora.

26 September 2022

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