CLE Online

Welcome and Introduction

General Overview of All Insolvency Statutes

• avoiding bankruptcy—creditor protection and proposals in insolvent circumstances
• bankruptcy under the Bankruptcy and Insolvency Act of Canada
• receivership under provincial law
• model court orders
• things to watch for and unusual provisions, including s. 244 notices
• other provincial and federal statutes

Mary I.A. Buttery — Davis LLP, Vancouver
Geoffrey H. Dabbs — Gehlen Dabbs, Vancouver

Deemed Trusts, Constructive Trusts and Priorities

• outline of the normal order of priorities of creditor claims on the insolvent person's assets
• jumping the queue: statutory deemed trust claims
• common priority pitfalls
• using insolvency statutes to reorder priorities

Magnus C. Verbrugge — Borden Ladner Gervais LLP, Vancouver

Break

Creditors' Issues

• forbearance agreements and settlements
  • what they are
  • when to use them and when not to
  • common pitfalls and enforceability issues

Heather M.B. Ferris — Lawson Lundell LLP, Vancouver

Issues for Litigation

• fraudulent preferences and transfers at under value
• s. 38 claims—how to protect your client
• appeals from the disallowance of a claim by the trustee: true appeals or new evidence?
• the use of s. 163 examinations
• waiving solicitor/client privilege on behalf of a bankrupt company
• claiming legal costs in an insolvency proceeding

Christopher J. Ramsay — Fraser Milner Casgrain LLP, Vancouver

Lunch (on your own) plus Optional Lunch Session on "Ethics"

Landlord and Tenant

• overview of rights and obligations of landlords and tenants
• what happens when
  • the tenant is in receivership under provincial law?
  • the tenant is in bankruptcy under the Bankruptcy and Insolvency Act of Canada?
  • the tenant files a proposal under the Bankruptcy and Insolvency Act or the Companies' Creditors Arrangement Act?
• recent case developments, including Canadian Petcetera Limited Partnership
• provincial versus federal law with respect to rights, remedies, and priorities
• obligations of guarantors and indemnitors in insolvency

Vicki Tickle — Fasken Martineau DuMoulin LLP, Vancouver

Directors’ and Officers’ Liability

• who is an officer or director?
• types of liability
  • taxes
  • provincial legislation
  • liability for wages
• avoiding or minimizing the effects of liability
  • defences
  • bankruptcy
  • resignation
  • payment strategy
  • compromising claims against directors
• indemnification and insurance
• liability for breach of directors’ duties
  • officers and directors as secured creditors
  • declaration of dividends by insolvent corporations
  • voluntary obligations as officers and directors
  • law office management and ethical issues

William D. Riley — Barrister & Solicitor, Vancouver

Family Law and Insolvency

• child and spousal support
• priority issues: property and support
• stay of proceedings
• property of the bankrupt
• treatment of improper transactions

Ben J. Ingram — The Law Offices of Ben Ingram & Associates, Vancouver

Break

Personal Bankruptcy

• pillars of insolvency
• who are the stakeholders?
• property of bankrupt
• duties of bankrupt and trustee
• proposals under the Bankruptcy and Insolvency Act
  • what is a proposal?
  • who qualifies?
  • what are the steps in doing a proposal?
  • what are the advantages and disadvantages?
  • who pays?

Bonita Lewis-Hand — Lawson Lundell LLP, Vancouver
Jennifer D. McCracken, CIRP — Campbell, Saunders Ltd., Vancouver

Discharges

• process for discharge of bankrupts
• factors taken into account by the court on discharge applications
• orders that may be made by the court on discharge applications
• claims not released by discharge
• discharges for multiple-time bankrupts
• discharges for high income tax debtors
• discharges for bankrupts with other conduct issues

Lana Gilbertson, CIRP — Trustee, Senior Vice-President, Advisory Services, Meyers Norris Penny Ltd., Vancouver
Katherine M. Wellburn — Murray Jamieson, Vancouver  

Questions and Discussion