Monique Sassi and Jeremy Bornstein have authored the article "Amendments to the BIA and CCAA: Changes in Effect as of November 1, 2019," published by Rebuilding Success, the official magazine for the Canadian Association of Insolvency and Restructuring Professionals (CAIRP).
This article looks at upcoming changes to the Bankruptcy and Insolvency Act (BIA) and the Companies' Creditors Arrangement Act (CCAA), the reasons for these changes and a summary of amendments, including:
  • Updates to the Initial Stay under the CCAA
  • Disclosure of Interested Persons' "Economic Interest" in CCAA Proceedings
  • Statutory Duty of Good Faith in BIA and CCAA Proceedings
  • Broader "Look-Back" Provisions in BIA and CCAA Proceedings
    Excluding Registered Disability Savings Plans from Property of the Bankrupt
  • Disclaimer of IP Licences
  • Sale or Disposition of Assets with IP

Read their full article here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

AUTHOR(S)
Monique Sassi
Cassels
Jeremy Bornstein
Cassels
POPULAR ARTICLES ON: Insolvency/Bankruptcy/Re-Structuring from Canada
Ripe Or Rotten? Proposed BIA And CCAA Deemed Trusts For Perishable Fruit And Vegetable Suppliers
Gowling WLG
Canadian insolvency law currently offers little protection to perishable fruits and vegetable suppliers (Produce Supplier) in the event of an insolvency or bankruptcy of a purchaser...
Restructuring & Insolvency Comparative Guide
McCarthy Tétrault LLP
Restructuring & Insolvency Comparative Guide for the jurisdiction of Canada, check out our comparative guides section to compare across multiple countries
Priority Of Claims In A Bankruptcy: Does A Deemed Trust Under The Pension Benefits Standards Act, 1985 Rank In Priority To A Secured Creditor?
Borden Ladner Gervais LLP
Northern Transportation Company Limited was a marine shipping and transportation company.
Lesson Five: Insolvency & Leasing – True Lease Vs. Finance Lease Remains An Important Distinction
Cassels
Despite there being no distinction of a true or finance lease for purposes of the requirement of registration under the Ontario Personal Property Security Act (PPSA), there is an important difference in cases of insolvency or default.
Domain Name Security Interests: "Control" Isn’t "Perfection"
Aird & Berlis LLP
As a great deal of value can stem from a debtor’s domain name, secured creditors ought to consider how best to protect their interest in such property.
Can An Undischarged Bankrupt Start A Lawsuit Without Notifying His Trustee In Bankruptcy? (Little v. Bramcan Investments Ltd.)
Gardiner Roberts LLP
Can an undischarged bankrupt bring a lawsuit in his own name without notifying his trustee in bankruptcy? In Little v. Bramcan Investments Ltd, 2024 ONSC 1485 (CanLII)...