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Discussions on Human Resources, Employment Law, Payroll and Internal Controls

bankruptcy

By | 5 Minutes Read

Dusting off the 2008 playbook to deal with COVID-19 and the workplace

I started my legal career in September 2008, which coincided with an unprecedented economic collapse. I received a crash course in recession-related legal advice. I advised clients about everything from quick fixes to Hail Mary attempts to support their workers and save their businesses. But it wasn’t until the last few weeks that I had to dust off my old playbook and again discuss these urgent, drastic measures with my employer clients. Some of these measures include:

By | 5 Minutes Read

Firepower: Guidance on whether commissions owed to salespersons are held in trust by a business and outside of insolvency

In Firepower Debt GP Inc. v. TheRedPin, Inc., 2019 ONCA 903 (“Firepower”), the Ontario Court of Appeal recently affirmed a decision of Justice Penny that commissions held by an insolvent real estate brokerage but owed to real estate salespersons were not held in trust and were thus subject to the security of the brokerage’s lenders.

By | 2 Minutes Read

Supreme Court of Canada rules in favour of lenders in Callidus

In a 2017 judgment discussed here, the Federal Court of Appeal permitted the CRA to assert a claim against a secured creditor who had received a repayment from its borrower prior to bankruptcy when the borrower also owed unremitted GST obligations to the Crown.

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Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

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