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Goodmans at The Canadian Institute’s 12th Annual Insolvency & Restructuring Law Forum


Lawyer Joe Latham
Area Corporate Restructuring


October 2 - 3, 2012
Marriott Bloor Yorkville
Toronto, Ontario

Tuesday, October 2, 2012

Co-Chair and Moderator:  Fred Myers, Partner, Goodmans LLP

8:45 am:  Opening Remarks

9:00 am:  Keynote Judicial Panel - View From the Bench - The State of Insolvency & Restructuring Law in Canada

Speaker:  Joe Latham, Partner, Goodmans LLP

3:30 pm:  Clarifying the Use of Credit Bidding:  How to Assess Validity and Value

This session will cover:

  • Reviewing the Re White Birch Paper Holding Co. decision and its effect on credit bidding in Canada
  • Identifying the factors required for a court to approve a bid as“fair and reasonable”
  • How do courts assess the value of a bid
  • Must a credit bid be limited to the fair market value of the corresponding encumbered assets?
  • Defining the role of the Monitor in a credit bid
  • What is the role of minority lenders and how can they affect the credit bid?

October 3, 2012

Speaker:  Fred Myers, Partner, Goodmans LLP

1:15 pm:  Determining the Scope of the Regulatory Carve Out in CCAA Filings

This session will cover:

  • Review of the Nortel and Abitibi decisions and what distinguishes a regulatory from a compensatory remedy
  • How does a CCAA stay affect the exercise of regulatory powers including compliance orders of the Minister of the Environment?
  • How do the amendments to the CCAA impact on regulatory processes?
  • Practical tips to involve, satisfy, appease or avoid regulators

Speaker:  Melaney Wagner, Partner, Goodmans LLP

2:30 pm:  How to Restructure a Company Using the Canada Business Corporations Act

This session will cover:

  • Can the CBCA be used to restructure debt of an insolvent company in light of s.192?
              When can it be used?
              How is it being used – how do you restructure a company under CBCA?
  • Ensuring a restructuring agreement will be viewed by the court as “fair and reasonable”
  • Understanding the connection between a CBCA restructuring and ancillary proceeding


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