I. THE STATUTORY FRAMEWORK: COMMON FEATURES
II. KEY DISTINCTIONS
- Distinguishing between Foreign Main Proceeding and Foreign Non-Main Proceeding
- Recognition and Relief
- Foreign Main Proceeding: Automatic Stay and Other Relief
- Discretionary Stay and Other Relief
- Public Policy Exception
- Other Exceptions
- Provisional Relief and Stay
- Additional Assistance
- Domestic Proceedings by the Foreign Representative
- Credit for Recovery in Other Jurisdictions
III. COMI UNDER PART IV OF THE CCAA
IV. LIMITATIONS ON RECOGNITION: PUBLIC POLICY AND INCONSISTENCY WITH THE CCAA
- Public Policy
- Inconsistency with the CCAA
V. CCAA STAYS AND THIRD-PARTY RELEASES IN FAVOUR OF NON-DEBTORS: OVERVIEW OF CASE LAW
- Cases Extending the CCAA Stay to Corporate Non-Debtors
- Cases Extending the CCAA Stay to Partnerships and Limited Partnerships that Otherwise do not qualify to file under the CCAA
This paper was delivered to the American Bankruptcy Institute: Canadian-American Insolvency Symposium 2011, Toronto, November 7, 2011.
To read the full article, download PDF here.
To discuss these issues, please contact the authors.
This publication is a general discussion of certain legal and related developments and should not be relied upon as legal advice. If you require legal advice, we would be pleased to discuss the issues in this publication with you, in the context of your particular circumstances.
For permission to republish this or any other publication, contact Janelle Weed.
© 2014 by Torys LLP.
All rights reserved.