Bankruptcy & Insolvency

Receiver responsible for evaluating secured creditor claims

A recent decision shows courts will take a pragmatic approach to insolvencies where there are limited assets at stake, says Toronto corporate and commercial lawyer Marlin Horst. Read more

Periodic credit checks of customers a good practice

Toronto business lawyer Inga Andriessen says the longer a business waits to collect monies owed, the more likely you are to run into a customer bankruptcy. Read more

CTL Law changing face of debt collection services

By using a tech-enabled, legal collection model, CTL Law is quickly increasing the standards of accountability in a field that has been previously tainted with negative aspects, says CTL president and CEO François Sauvageau . Read more

Commercial tenant rights trump landlord rights

A recent decision has reaffirmed and clarified a half century of jurisprudence that holds that a trustee in bankruptcy cannot disclaim a commercial landlord’s interest in a lease of premises, says Toronto business lawyer Anton Katz . Read more

Changes to Collection and Debt Services Act long overdue

Ontario’s new Collection and Debt Services Act is a long-overdue improvement and will provide consumers with more rights, Toronto lawyer Anton Katz tells Lawyers Weekly . Read more

Open-ended questions effective in fraud investigations

Open-ended questions and pausing during questioning are effective ways of eliciting information in a fraud... Read more

More judicial oversight needed to curb excess fees

“These issues arise in the management of these types of cases and has developed out of practise, procedure and precedent,” says Fisher. “There is a lot of repetition in the process that could be eliminated to make it more streamlined and less costly. In many of these steps, there are far too many professionals charging unnecessarily high fees for relatively routine matters.” Read more