Directors of corporations can be held personally liable for the unremitted HST and payroll deductions owing by those corporation to the Canada Revenue Agency (“CRA”). However, when a corporation files for bankruptcy, the CRA is required to undertake certain steps in...
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Application for a Bankruptcy Order by a Creditor – Another Tool in the Litigators Toolbox
Your client calls you and indicates that they have tirelessly attempted to collect a substantial debt owing to them. Emails, phone calls and letters demanding payment have not resulted in any collection. In these situations where the debt is owing, but payment hasn’t...
Substituting a Bankruptcy Trustee – Creditors May Replace the Trustee of a Bankruptcy Estate
The Bankruptcy and Insolvency Act (Canada) (“Act”) at subsection 14 allows the creditor(s) of a bankrupt estate, whether it be in respect of a bankrupt individual or corporation, to substitute the Trustee chosen by the bankrupt for a Trustee of their choosing. This...
Protecting Corporate Directors from CRA Assessments
In Canada, the directors of a corporation may be the subject of significant personal liability in the event that the corporation becomes insolvent and cannot repay all of its creditors. One of the most common creditors to assess the corporation’s directors is the...
My Client’s Business Needs Protection from its Creditors … and it Needs it Now
Some businesses reach a point in their life cycle when they are saddled with debt and there simply is not enough cash to go around. Some of these businesses are able to generate enough cash to work with their creditors to get through the cash crunch. Unfortunately,...
My Business Needs Protection from its Creditors and it Needs it Now
Some businesses reach a point in their life cycle when they are saddled with debt and there simply isn’t enough cash to go around. Some of these businesses are able to generate enough cash to work with their creditors to get through the cash crunch. Unfortunately,...
Income Tax Act section 160 – Tax Liability Associated with Transfers to Related Parties
Generally speaking, individuals and corporations are able to sell or transfer their property to anyone without concern. However, there are times when a transferor cannot do whatever he or she would like to do with his or her property including, giving it away,...
Early Termination of Contracts / Agreements is a Tool Available to Companies in a Financial Restructuring
Often, when a business is facing financial difficulties it is hampered by unprofitable supply agreements or expensive service contracts. Any business that is using the Bankruptcy and Insolvency Act (the “BIA”) to make a proposal to its creditors may utilize certain...
Using A Bankruptcy To Unravel A Financial Fraud
Often times an investigation into the financial affairs of an individual or business that is suspected to have been involved in a financial fraud is impeded by the inability of the aggrieved party to obtain the necessary documents, records and other information needed...
Does a Proposal Filing Affect a Tax Debtor’s rights to object, appeal or request relief?
Tax lawyers and accountants know well that often times individuals and businesses are required to object, appeal or request relief in order to correct an error made by the Canada Revenue Agency (“CRA”) and/or to reduce interest and penalties which were assessed...