In a summary bankruptcy administration, the fees and disbursements of a trustee are prescribed by Rule 128 of the Bankruptcy and Insolvency General Rules. Those costs recognize the summary nature of the appointment and require practical and cost-effective administration management by a trustee. So what happens if a trustee is compelled to incur costs (in…

Jeremy West, Partner in our Litigation & Dispute Resolution Group, co-presented with David Boale of Boal, Wood & Company Ltd. to the Canadian Bar Association, Family Law Subsection on “Bankruptcy & Insolvency Issues in Family Law”. Topics discussed included: process of assignment & timing issues stay of proceedings issues facing trustees joint property joint debt…

The use of trusts and other vehicles for business and asset protection purposes (amongst other things) is a long-standing practice. If structured appropriately such entities can provide a number of financial, tax and other benefits. However, simply setting up a trust, or purporting to move assets into it, does not necessarily provide creditor protection, particularly…