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Sean Zweig

Restructuring, Insolvency and Bankruptcy Lawyer at Bennett Jones Toronto

Partner

Andrew Froh

Commercial Litigation Lawyer at Bennett Jones Vancouver

Associate

James Atkinson

Articling Student at Bennett Jones 

Articling Student          

A recent decision of the US Bankruptcy Court in Re: Iovate Health Sciences International Inc. provides important insights for Canadian companies involved in cross-border restructurings. The case addresses how debtor companies can rebut the presumption that their &ldquo;center of main interests&rdquo; (COMI) is located at their registered office when seeking Chapter 15 recognition in the United States. Chief Judge Glenn reaffirmed that COMI is determined by a non-exhaustive set of factors, including management, assets, creditors and creditor expectations, and may also be influenced by pre-filing restructuring activities.

Trend Watch Determining COMI in US Chapter 15 Proceedings

Trend Watch: Determining COMI in US Chapter 15 Proceedings

Preet K. Gill

Restructuring, Insolvency and Complex Litigation Lawyer at Bennett Jones Toronto

Toronto Managing Partner

Denise D. Bright

Public and Private Company Financial Transactions and Securities Lawyer at Bennett Jones Calgary

Partner 

As detailed in our prior blog, <a href="/Insights/Blogs/Canadian-Government-Finally-Provides-Certainty-on-Criminal-Interest-Rates">Canadian Government (Finally) Provides Certainty on Criminal Interest Rates</a>, the Government of Canada proposed amendments to lower the criminal interest rate to an annual percentage rate (APR) of 35 percent (the prior criminal interest rate, being an effective rate of 60 percent, was equivalent to an APR of about 48 percent).

Lower Criminal Interest Rate Now in Effect

Kelsey J. Meyer

Commercial Litigation, Bankruptcy, Insolvency and Restructuring Lawyer at Bennett Jones Calgary

Jesse Mighton

Insolvency and Restructuring Lawyer at Bennett Jones Toronto

In the unrelated companion cases of Aquino v Bondfield Construction Co, <a href="https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/20694/index.do">2024 SCC 31</a> and Scott v Golden Oaks Enterprises Inc, <a href="https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/20695/index.do">2024 SCC 32</a>, the Supreme Court of Canada applied the common law doctrine of corporate attribution to bankruptcy and insolvency law through a purposive, contextual and pragmatic approach.

The SCC Clarifies the Corporate Attribution Doctrine and Creditor Protection Tools in Insolvency Law

Robert W. Staley

Commercial, Securities and Class Action Litigation Lawyer at Bennett Jones Toronto

Vice Chair and Partner

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

In ruling that a securities regulatory authority's disgorgement orders (a sanction stemming from misconduct) survive a bankruptcy discharge while its administrative penalties do not, the Supreme Court of Canada endorsed the principle that "every claim is swept into the bankruptcy and that the bankrupt is released from all of them upon being discharged unless the law sets out a clear exclusion or exemption." The Supreme Court’s decision clarifies the differing treatment of administrative penalties and disgorgement orders in the context of exceptions outlined in s. 178 of the Bankruptcy and Insolvency Act.

The Supreme Court Holds That Securities Disgorgement Orders Survive Bankruptcy

Brian P. Reid

Litigation, Construction, Joint Venture Agreement and Builder's Lien Lawyer at Bennett Jones Calgary

Christopher Petrucci

Commercial Litigation Lawyer at Bennett Jones Calgary

Kaamil Khalfan

This article examines a recent Alberta Court decision confirming that during the PPCLA transition period, the former BLA&rsquo;s shorter 45-day lien deadline remains decisive. The ruling underscores that once a lien deadline expires, the lien ceases to exist and cannot be revived by the Court or through Land Titles corrections.

Better Early Than Sorry Strict Compliance Required for Lien Deadlines

Better Early Than Sorry: Strict Compliance Required for Lien Deadlines 

Amanda C. McLachlan

Securities Litigation, Regulatory Investigations and Financial Crimes Lawyer at Bennett Jones Toronto

The Ontario Court of Appeal&rsquo;s decision in Binance v. OSC clarifies the limits of the OSC&rsquo;s investigative powers and the Charter protections available in securities investigations. While the Court rejected a constitutional right to challenge a summons before compliance, it found the summons issued to Binance overbroad and unconstitutional. The ruling offers important guidance for market participants on regulatory scrutiny, the scope of document production, and the viability of judicial review.

Court of Appeal Addresses Scope of Charter Review in Securities Investigations

Binance v. OSC: Court of Appeal Addresses Scope of Charter Review in Securities Investigations 

Katelyn Weller

Counsel at Bennett Jones Toronto

Counsel

Carl Cunningham

Management-side Employment Lawyer at Bennett Jones Toronto

The 2025 Federal Budget proposes significant employment law changes, including restrictions on non-compete agreements and new measures to address worker misclassification and wage theft. Federally regulated employers should prepare for upcoming consultations in early 2026.

Federal Budget Proposals Affecting Employers

Andrew Bozzato

Corporate, M&A, Securities Lawyer at Bennett Jones Toronto

Simon Grant

Banking & Finance Lawyer, Fintech Lawyer at Bennett Jones Toronto

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

Canada's federal budget was released on November 4, 2025 and included some much-anticipated news for fintech. In this latest edition of our Fintech in Canada quarterly update, we look at the key announcements in Budget 2025 for the sector, including the unleashing of stablecoins, fintech-focused changes to financial legislation and momentum for open banking and how fintechs can navigate the evolving landscape.&nbsp;

Fintech in Canada Q3 2025

Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

Edward (Ted) Yoo

Intellectual Property Lawyer and Canada/US Patent and Trademark Agent at Bennett Jones Edmonton

Partner, Patent Agent, Trademark Agent

Recent disputes involving xAI, OpenAI and a former engineer highlight how quickly job transitions can escalate into trade-secret and IP risks. This article explains why every business needs a clear confidential information and intellectual property (CI&amp;IP) governance policy&mdash;and how such policies help prevent disputes, protect proprietary assets and ensure compliance with third-party obligations.

Why Every Business and StartUp Needs an Employee Governance Policy

X.AI Corp. v. OpenAI—Why Every Business (and Start-Up) Needs an Employee Governance Policy for Managing Confidential Business Information and IP Risk

The Expanded Use of the CBCA in Debt Restructurings

From the Same Authors