Category: Bankruptcy and Insolvency Page 1 of 6

By: Jassmine Girgis

Matter Commented On: Insolvency Proceedings of Hudson’s Bay Co.

PDF Version: Hudson’s Bay in Insolvency Proceedings: Employees’ Severance Payments & Directors’ Retention Bonuses

Hudson’s Bay Co. (Hudson’s Bay), founded in 1670, is the oldest company in North America. It is now, unfortunately, insolvent, and has obtained protection from its creditors under Canada’s restructuring legislation, the Companies’ Creditors Arrangement Act, RSC 1985, c C-36 (CCAA) (see In Re Hudson’s Bay Company, 2025 ONSC 1530 (Re Hudson’s Bay)).

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By: Jassmine Girgis

Case Commented On: Henderson v Peerani, 2024 ABCA 370 (CanLII)

PDF Version: Narrow Interpretations v Commercial Realities: Striking the Right Balance in Poonian

In the recent case of Poonian v British Columbia (Securities Commission), 2024 SCC 28 (CanLII) (Poonian), the Supreme Court of Canada clarified s 178(1)(e) of the Bankruptcy and Insolvency Act, RSC 1985, c B-3 (BIA), the false pretence and fraudulent misrepresentation exception to bankruptcy discharge. Henderson v Peerani, 2024 ABCA 370 (CanLII), is one of the first cases to deal with the same exception after Poonian.

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By: Jassmine Girgis

Case commented on: Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115

PDF Version: How Qualex Restricted the Scope of Redwater

In Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 (CanLII) (Qualex CA), the Alberta Court of Appeal issued a strong decision overturning the lower court and establishing two important points: first, the test from Newfoundland and Labrador v AbitibiBowater Inc, 2012 SCC 67 (CanLII) (the Abitibi test), which the Supreme Court of Canada applied in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 (CanLII) (Redwater), does not apply outside of insolvency proceedings, and second, only a regulator can enforce public duties.

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