News and Resources

While the prejudgment interest regime varies from jurisdiction to jurisdiction, all regimes have one thing in common — the rates are remarkably low. In this article, I outline some ways in which to argue for the supplanting of the regulated rates with something that is more reflective of commercial reality.…
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In commercial civil disputes, it is common to call upon a damages expert to quantify damages or to value business enterprises that are alleged to have suffered following some failure on the part of a defendant.  Interfacing with expert witnesses - giving them instructions, providing to them evidence - can…
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Most small business owners plan, at some point, to sell their businesses.  It might be part of their retirement plan, or it might be fuelled by a desire to move on and start something else.  No matter the cause, it should be planned.  There are things that should be done…
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Having examined, in a prior post, the tests that might be applied to establish insolvency, I now examine more closely the implications of insolvency—basically, why do we care? Insolvency and the Application of the BIA and CCAA The primary tools used to restructure or liquidate insolvent businesses for the benefit…
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Following most large insolvency filings, there are questions about when insolvency first struck and what stakeholders (lenders, employees, pension plans, and others) can do to maximize recoveries.  Establishing solvency or insolvency, and determining the moment when it first occurred, is important for a number of reasons.  For instance: Contracts commonly…
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