Canada: Insolvency/Bankruptcy

The Alberta Court of Appeal examines whether equity investors can initiate CCAA proceedings against foreign entities without Canadian assets, and whether such proceedings can encompass solvent companies.

In Canacol Energy Ltd. (Re) (“Canacol”), the Court of King’s Bench of Alberta (the “Court”) considered the proper scope of an order approving a monitor’s report and activities where the report addressed allegations that remained disputed and could be advanced in related Colombian proceedings.[1] The Court confirmed that interim approvals serve important purposes in insolvency proceedings, but cautioned that approval should not inadvertently determine—or appear to determine—issues that have not been adjudicated.

I recently had reason to reconsider the question of whether, in Ontario, there is a two-year or no limitation period for sexual assault where one of the parties to the alleged assault has died. I wanted to know if there had been further case law developments on this question since my 2016 blog on the topic, “Court Breaks New Ground for Sexual Assault Cases.” I was surprised to see that, ten years later, the question has yet to be answered in a clear and conclusive manner.

Garnishment allows judgment creditors to intercept money owed to debtors by third parties, such as banks or employers. While this legal tool can be highly effective for debt collection in certain circumstances, it comes with procedural requirements, exemptions, and practical challenges that creditors must navigate. Understanding when garnishment works best and its limitations is essential for anyone seeking to collect on a judgment in British Columbia.

When is a physical supply contract an eligible financial contract that cannot be disclaimed in CCAA proceedings? The Alberta Court of King's Bench provides detailed guidance on this recurring question for commodity suppliers, lenders and restructuring professionals, expressly disagreeing with earlier authority in a landmark decision involving natural gas supply agreements in Colombia.

Receiverships and bankruptcy proceedings often share objectives, including preserving value, centralizing control and maximizing recoveries, but involve different decision-makers and different statutory frameworks.

This comprehensive summary examines three significant civil appeals decided by the Court of Appeal for Ontario during the week of June 22, 2026, covering breach of contract damages and mitigation obligations, bankruptcy costs appeals, and property rights-of-way disputes. Each case presents distinct legal principles regarding summary judgment procedures, appellate jurisdiction in bankruptcy matters, and the interpretation of historical property access agreements.

On June 25, 2026, the British Columbia Court of Appeal released its decision in McKinsey & Company v British Columbia, dismissing McKinsey's appeal from an order certifying a class action against it as part...

As the restructuring landscape evolves, Canadian courts continue to balance both the Companies’ Creditors Arrangement Act (“CCAA”) and associated federal taxing statutes. Two Alberta decisions; Freedom Cannabis Inc. (Re), 2025 ABKB 272 (“Freedom Cannabis”) and Delta 9 Cannabis Inc. (Re), 2025 ABKB 52 (“Delta 9”), illustrate the carful balance that exists between two of these governing federal statues.