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Sean Zweig

Restructuring & Insolvency Lawyer | Cross-Border Expertise

Partner

Andrew Froh

Commercial Litigation Lawyer

Associate

James Atkinson

Articling Student at Bennett Jones 

Articling Student          

A recent decision of the US Bankruptcy Court in Re: Iovate Health Sciences International Inc. provides important insights for Canadian companies involved in cross-border restructurings. The case addresses how debtor companies can rebut the presumption that their &ldquo;center of main interests&rdquo; (COMI) is located at their registered office when seeking Chapter 15 recognition in the United States. Chief Judge Glenn reaffirmed that COMI is determined by a non-exhaustive set of factors, including management, assets, creditors and creditor expectations, and may also be influenced by pre-filing restructuring activities.

Trend Watch Determining COMI in US Chapter 15 Proceedings

Trend Watch: Determining COMI in US Chapter 15 Proceedings

Preet K. Gill

Insolvency & Restructuring Lawyer | Litigation & Transactions

Toronto Managing Partner

As detailed in our prior blog, <a href="/Insights/Blogs/Canadian-Government-Finally-Provides-Certainty-on-Criminal-Interest-Rates">Canadian Government (Finally) Provides Certainty on Criminal Interest Rates</a>, the Government of Canada proposed amendments to lower the criminal interest rate to an annual percentage rate (APR) of 35 percent (the prior criminal interest rate, being an effective rate of 60 percent, was equivalent to an APR of about 48 percent).

Lower Criminal Interest Rate Now in Effect

Kelsey J. Meyer KC

Restructuring & Insolvency Lawyer | Commercial Litigation

Jesse Mighton

Insolvency and Restructuring Lawyer at Bennett Jones Toronto

In the unrelated companion cases of Aquino v Bondfield Construction Co, <a href="https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/20694/index.do">2024 SCC 31</a> and Scott v Golden Oaks Enterprises Inc, <a href="https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/20695/index.do">2024 SCC 32</a>, the Supreme Court of Canada applied the common law doctrine of corporate attribution to bankruptcy and insolvency law through a purposive, contextual and pragmatic approach.

The SCC Clarifies the Corporate Attribution Doctrine and Creditor Protection Tools in Insolvency Law

Robert W. Staley

Securities & Commercial Litigation Lawyer | Shareholder Disputes

Vice Chair and Partner

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

In ruling that a securities regulatory authority's disgorgement orders (a sanction stemming from misconduct) survive a bankruptcy discharge while its administrative penalties do not, the Supreme Court of Canada endorsed the principle that "every claim is swept into the bankruptcy and that the bankrupt is released from all of them upon being discharged unless the law sets out a clear exclusion or exemption." The Supreme Court’s decision clarifies the differing treatment of administrative penalties and disgorgement orders in the context of exceptions outlined in s. 178 of the Bankruptcy and Insolvency Act.

The Supreme Court Holds That Securities Disgorgement Orders Survive Bankruptcy

Gary S.A. Solway

Technology, Media & Corporate Lawyer | Governance

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

Artificial intelligence has entered a new phase: models can take actions&mdash;deploy code, interact with enterprise systems and operate through automated agents&mdash;with real-world consequences. AI is no longer just a technical capability; it is a core governance priority.

Boards Must Oversee AI Risk

Stop Hallucinating - Boards Must Oversee AI Risk

Christine A. Viney

Commercial Litigation Lawyer at Bennett Jones Calgary

Kristos J. Iatridis

Corporate & Private Equity Lawyer | Oil Sands Projects

Captive insurance is gaining traction as organizations look for smarter, more resilient ways to finance risk. This overview explores how Alberta captives work, their benefits, and whether they may be a fit for your business.

Curious about Captives Youre Not Alone

Curious about Captives? You're Not Alone!

Christopher J. Doucet

Corporate & Mining Lawyer | M&A & Corporate Finance

Kanwar Brar

Commercial Litigation Lawyer at Bennett Jones Toronto

In a recent enforcement decision, CIRO imposed substantial sanctions on a securities dealer and its Ultimate Designated Person (UDP) for improper trading practices and significant compliance failures. The case underscores CIRO&rsquo;s strict approach to &ldquo;tone from the top,&rdquo; particularly where senior executives fail to uphold or promote firm-wide compliance standards. It also highlights that sanctions are assessed independently of liability findings and can include severe financial penalties, bans, and ongoing regulatory oversight of governance structures.

CIRO Issues Stiff Penalties for Dealer Conduct

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Melissa M. Dimilta

Intellectual Property Lawyer at Bennett Jones Toronto

Partner, Trademark Agent

Lorelei Graham

IP Lawyer | Food & Agribusiness

This blog examines why Canada&rsquo;s Federal Court is the preferred venue for pharmaceutical patent litigation. It highlights its specialized expertise, efficient procedures and consistent, precedent-driven decisions.

Northern Advantage Canadas Federal Court as a Venue for Pharmaceutical Patent Litigation

Northern Advantage: Canada's Federal Court as a Venue for Pharmaceutical Patent Litigation

Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

This four-part AI Insights Quick Read series explores how routine generative AI use can expose confidential information, weaken privilege and erode intellectual property value. Using US v. Heppner as a starting point, it examines disclosure risk, shadow AI, content dilution and key implications for Canadian organizations.

Concordia Decision Expands Potential Scope of CBCA Plans of Arrangement

From the Same Authors