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Sun Indalex Finance, LLC V United Steelworkers
, arising from the Ontario courts as ''Re Indalex Limited'', is a decision of the Supreme Court of Canada that deals with the question of priorities of claims in proceedings under the ''Companies' Creditors Arrangement Act'', and how they intersect with the fiduciary duties employers have as administrators of pension plans. Facts Indalex was a major North American manufacturer of aluminum extrusions, with six plants in the United States and four in Canada. In March 2009, the American parent corporation of Indalex sought bankruptcy protection under Chapter 11, and Indalex Limited sought similar protection under the ''Companies' Creditors Arrangement Act'' (''CCAA'') in April 2009. Debtor in possession financing was secured in both proceedings for maintaining operations until a suitable resolution could be achieved. In that regard, Indalex US issued a guarantee with respect to the financing given to Indalex Limited. In June 2009, the business assets of Indalex were sold to Sapa Gro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Steelworkers
The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, commonly known as the United Steelworkers (USW), is a general trade union with members across North America. Headquartered in Pittsburgh, the United Steelworkers represents workers in Canada, the Caribbean, and the United States. The United Steelworkers represent workers in a diverse range of industries, including primary and fabricated metals, paper, chemicals, glass, rubber, heavy-duty conveyor belting, tires, transportation, utilities, container industries, pharmaceuticals, call centers and health care. The United Steelworkers is currently affiliated with the AFL–CIO in the United States and the Canadian Labour Congress (CLC) in Canada as well as several international union federations. On July 2, 2008, the United Steelworkers signed an agreement to merge with the United Kingdom and Ireland–based union Unite to form a new global union entity ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Borden Ladner Gervais
Borden Ladner Gervais LLP (abbreviated as BLG) is a leading, full-service law firm in Canada. With almost two hundred years of history going back to the 1823 founding of McMaster Gervais, it now has offices in Toronto, Montréal, Vancouver, Ottawa, and Calgary. About 700 lawyers, intellectual property agents and other professionals are associated with the firm. BLG is governed by a national council composed of partners from across Canada. Sean Weir served as the firm's first National Managing Partner until 2018, and was succeeded in the position by John Murphy of the Montreal office. In 2019, BLG was named a leading law firm in The Canadian Legal Lexpert® Directory, with 221 lawyers recognized as leaders. The firm was recognized as Band 1 in 11 practice groups in the 2017 edition of ''Chambers Global'', and is known for its practices in international trade, energy, investment, employment and labour, healthcare, shipping, construction, and procurement law. Former justices of Can ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraser Milner Casgrain
''As of March 28, 2013, Fraser Milner Casgrain combined with Salans and SNR Denton to form Dentons.'' Fraser Milner Casgrain LLP (FMC) was a Canadian business, litigation and tax law firm. With more than 560 lawyers (175 litigators) it was the sixth largest law firm in Canada as well as the largest law firm in Western Canada. Until 1984, FMC was a fully integrated national partnership with offices in Montreal, Ottawa, Toronto, Edmonton, Calgary, and Vancouver. In 1985, Fraser Milner Casgrain (then known as Fraser and Beatty) underwent a major administration change. Terrence Young was appointed as chief executive officer and he initiated FMC's expansion into Hong Kong, making FMC a multi-national law firm. Young served as CEO for 13 years, until the 1998 merger between Fraser and Beatty anFenerty erta-based law firm Milner Fenerty. On November 8, 2012, it was announced that FMC would combine with international law firms SNR Denton and Salans to form Dentons Dentons is the l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McCarthy Tétrault
McCarthy Tétrault LLP is a leading Canadian law firm that delivers integrated business law, litigation services, tax law, real property law, labour and employment law nationally and globally through offices in Vancouver, Calgary, Toronto, Montréal, Québec City, London (UK), as well as New York City. McCarthy Tétrault LLP is a Seven Sisters (law firms). Among the Seven Sisters, the reigning top players are McCarthy Tetrault LLP, Stikeman Elliott LLP, Osler Hoskin & Harcourt LLP and Blake Cassels & Graydon LLP. McCarthy Tétrault is the only law firm listed in the Report on Business Top 25 Best B2B Brands by ''The Globe and Mail'' in 2021, and it has the second strongest law firm brand in Canada according to ''Thomson Reuters’'' Regional Law Firm Brand Indexes 2021. The firm represents Canadian and international clients, including major public institutions, financial services organizations, mining companies, manufacturers, pharmaceutical companies and other corporations. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blake, Cassels & Graydon
Blake, Cassels & Graydon LLP (Blakes) is an international corporate law firm with offices in Montreal, Ottawa, Toronto, Calgary, Vancouver, New York City, and London. History Blakes was launched in 1856 after Dominick Edward Blake was called to the bar and entered into partnership with Stephen M. Jarvis in Toronto. Soon it was Blake & Blake when brother Samuel Hume Blake joined. In 1867, Blakes incorporated what would become Canadian Imperial Bank of Commerce. The bank remains one of the firm's oldest clients. In 1878, Blakes was the first business in Canada to install a telephone system that provided a direct link to the offices of the Ontario Court of Appeal and the Supreme Court of Canada at Osgoode Hall. In 1882, Zebulon Aiton Lash joined Blakes and began building a corporate law practice.Christopher Moore. The Law Society of Upper Canada and Ontario's Lawyers, 1797-1997'. University of Toronto Press; 1997. . p. 153–. By 1885, with 15 lawyers, Blakes was among the l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collateral Attack
''Res judicata'' (RJ) or ''res iudicata'', also known as claim preclusion, is the Latin term for "a matter decided" and refers to either of two concepts in both civil law and common law legal systems: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties. In the case of ''res judicata'', the matter cannot be raised again, either in the same court or in a different court. A court will use ''res judicata'' to deny reconsideration of a matter. The doctrine of ''res judicata'' is a method of preventing injustice to the parties of a case supposedly finished but perhaps also or mostly a way of avoiding unnecessary waste of judicial resources. ''Res judicata'' does not merely prevent future judgments from contradicting earlier ones, but also prevents litigants from multiplying judgments, and confusion. Common law In common law jurisdictions, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Interest
A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations in which the personal interest of an individual or organization might adversely affect a duty owed to make decisions for the benefit of a third party. An "interest" is a commitment, obligation, duty or goal associated with a particular social role or practice. By definition, a "conflict of interest" occurs if, within a particular decision-making context, an individual is subject to two coexisting interests that are in direct conflict with each other. Such a matter is of importance because under such circumstances the decision-making process can be disrupted or compromised in a manner that affects the integrity or the reliability of the outcomes. Typically, a conflict of interest arises when an individual finds themselves occupying two soc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiduciary Obligation
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter... In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trusts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paramountcy (Canada)
In Canadian constitutional law, the doctrine of paramountcy (french: prépondérance fédérale) establishes that where there is a conflict between valid provincial and federal laws, the federal law will prevail and the provincial law will be inoperative to the extent that it conflicts with the federal law. Unlike interjurisdictional immunity, which is concerned with the scope of the federal power, paramountcy deals with the way in which that power is exercised. The only exception to the doctrine is under section 94A of the ''Constitution Act, 1867'', which allows both the federal government and the provinces to make laws for old age pensions and supplementary benefits, but, to the extent of any conflict, the provincial law is paramount over the federal law. Nature of the doctrine Paramountcy is relevant where there is conflicting federal and provincial legislation. As Justice Major explained in ''Rothmans'': Claims in paramountcy may arise from two different forms of confl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Debtor In Possession
A debtor in possession or DIP in United States bankruptcy law is a person or corporation who has filed a bankruptcy petition, but remains in possession of property upon which a creditor has a lien or similar security interest. A debtor becomes the debtor in possession after filing the bankruptcy petition.Friedland & Cahill, Jonathan P. & Christopher M. (2021). Commercial Bankruptcy Litigation. Toronto, Ontario, Canada: Thomson Reuters. pp. §1:11. ISBN 978-1-539-23368-8. A corporation which continues to operate its business under Chapter 11 bankruptcy proceedings is a debtor in possession. Under certain circumstances, the debtor in possession may be able to keep the property by paying the creditor the fair market value, as opposed to the contract price. For example, where the property is a personal vehicle which has depreciated since the time of the purchase, and which the debtor needs to find or continue employment to pay off his debts, the debtor may pay the creditor for the fai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
