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CanLII - 2009 SCC 49 (CanLII)
When a supplier goes bankrupt, the tax authorities do not own GST and QST amounts that have been collected but not remitted or are collectible at the time of the bankruptcy. Instead, they have an unsecured claim against the supplier.
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deemed trusts intended to secure GST claims are ineffective in bankruptcy
situations
Radius Credit Union Limited v. Royal Bank of Canada, 2009 SKCA 36 (CanLII)
Leave to appeal to SCC Granted: where valid Bank Act and PPSA security interests are asserted in after-acquired property, priority is to be determined as of the date of execution of the respective security agreements. This rule applies even if the PPSA interest is unperfected.
CanLII - 2008 ABCA 1 (CanLII)
[15] Further, an appeal would hinder the CCAA proceedings because without an order giving the DIP Lender first priority over the applicant’s claim, the DIP Lender would not advance funds and without the current and future loans, Temple would be unable to restructure under the CCAA and would be forced to close its business.
[16] Given that three of the four factors cannot be met, even if the point on appeal is prima facie meritorious, the applicant cannot show that there are serious and arguable grounds of real and significant interest to the parties.
Temple City Housing Inc. (Companies' Creditors Arrangement Act), 2007 ABQB 786 (CanLII)
DIP financing trumps CRA deemed trust: a court in a CCAA proceeding is able to grant a super-priority over existing security interests for DIP financing. If it were otherwise, and if super-priority could not be granted without the consent of secured creditors, “the protection of the CCAA effectively would be denied a debtor company in many cases”:
Farm Credit Corp. v. Valley Beef Producers Co-operative Ltd., 2001 SKQB 423 (CanLII)
The term "consignment", used in a commercial sense, ordinarily implies an agency and denotes that property is committed to the consignee for care or sale.
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