CBA Insolvency Law Conference - Agenda 

Oct. 17-18, 2024
Banff AB

CBA Insolvency Law Conference

CBA Insolvency Law Conference - Agenda
Presented by the CBA Insolvency Law Section

October 17 to 18, 2024 | 8:30 AM - 4:45 PM
Fairmont Banff Springs | 405 Spray Ave
Banff, Alberta


18th Annual CBA National Insolvency Law Conference
Agenda

Join us October 17 to 18, 2024, at the iconic Fairmont Banff Springs located in Canada’s oldest National Park in Banff, Alberta, for the 18th Annual CBA Insolvency Law Conference.

Don’t miss this unique opportunity to hear from lawyers, trustees, bankers, and judges from across Canada on recent developments in insolvency law, and to reconnect with colleagues and friends. Our expert panels will share their knowledge on the following timely topics:

  • Litigation trends in insolvency proceedings
  • The triple header of insolvency cases from the Supreme Court of Canada
  • The rocky road that reverse vesting orders are beginning to encounter

The conference will also feature a cross-Canada case law panel and deliver key information on lessons learned in high-profile insolvency matters since last year’s conference.


Agenda Subject to Change

TIME EVENT
5:00 pm – 6:30pm

Opening Reception
Fairmont Hotel, Mount Stephen Hall
Sponsor

Miller Thomson LLP

6:30 pm – 7:00pm

Presentation of the Lifetime Achievement Award to The Honourable Karen M. Horner, Court of King’s Bench of Alberta (Calgary, AB)

Presenter: The Honourable Justice Christopher D. Simard, Court of King’s Bench of Alberta (Calgary, AB)

One ticket is included with full conference attendance. Additional guest tickets are available for purchase

 

TIME EVENT
8:15 am – 9:15 am

Registration & Breakfast
Sponsor
Aird and Berlis LLP

9:00 am – 9:15 am

Opening Remarks

Speaker: TBD

9:15 am - 10:00 am

SESSION 1: Supreme Court of Canada – Overview of Three Insolvency Cases from the SCC
Sponsor

IRIS – Insolvency and Restructuring Intelligent Search

Insolvency cases are rarely heard by the Supreme Court of Canada but in December 2023, the Court heard decisions relating to corporate attribution, ponzi schemes and administrative penalties. Join this panel as they discuss why these cases made it to the highest court in Canada, their predictions on the outcome (and perhaps even a discussion of the final decisions) and some general insight on arguing appeals at the SCC.

Speakers:
Natasha MacParland, Partner, Davies Ward Philips & Vineberg LLP (Toronto, ON)
Alan Merskey, Partner, Cassels Brock & Blackwell LLP (Toronto, ON)
William Roberts, Partner, Lawson Lundell LLP (Vancouver, BC)

Moderator: Ryan Algar, Partner, Burnet Duckworth & Palmer LLP, (Calgary, AB) 

10:00 am – 10:45 am

SESSION 2: Litigation in the Commercial Courts – Trends for Dealing with Debtor Disputes in Insolvency Proceedings

Since  Mundo Media Ltd. (Re), 2022 ONCA 607 and Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41, it has been generally accepted that insolvency courts have the jurisdiction to hear a variety of litigation disputes in an insolvency proceeding. The question remains as to what the appropriate process is for resolving these disputes, either through a summary process or a full trial.

This past year we have seen Commercial Courts use a variety of procedures for dealing with litigation in insolvency proceedings depending on the issues in dispute in the litigation and the circumstances surrounding the insolvency proceeding.

Speakers:
Gunnar Benediktsson, Parnter, Norton Rose Fulbright Canada LLP (Calgary, AB)
Kibben Jackson, Fasken (Vancouver, BC)
Stephanie Noonan, Lawyer, Hickson Noonan (Quebec City, QC)
Adam J. Williams, Associate, Bennett Jones LLP (Calgary, AB)

Moderator: Samuel Perron, Partner, Norton Rose Fulbright Canada LLP (Quebec City, QC)

10:45 am – 11:00 am

Morning Break

11:00 am – 12:30 pm

SESSION 3: Annual Cross-Canada Update
Sponsor
Osler, Hoskin & Harcourt LLP

A Flagship panel of leading insolvency lawyers from across Canada will once again present and discuss the latest significant case law emerging from coast to coast.

Speakers:
Colin Boyd, Associate, McInnes Cooper LLP (Halifax, NS)
Jack M. Little, Associate, Osler, Hoskin & Harcourt LLP (Montreal, QC)
Matilda Lici, Associate, Aird & Berlis LLP (Toronto, ON)
Kaitlin Ward, Associate, MLT Aikins LLP (Calgary, AB)
Speaker: TBD

Moderator: Jeremy Nemers, Partner, Aird & Berlis LLP (Toronto, ON)

12:30 pm – 2:00 pm

LUNCHEON

2:00 pm – 2:45 pm

SESSION 4: The Judge’s Perspective: Hot Topics & Practical Advice

Hear from judges across the country on recent trends and developments in insolvency law. Don't miss the opportunity to hear, directly from the bench, practical advice and guidance on:

  • Orders under the Companies' Creditors Arrangement Act, including first-day relief and reverse vesting orders
  • The use of Court-directed alternative dispute resolution mechanisms in insolvency proceedings
  • Cross-border challenges for both judges and counsel
     

Speakers:
The Honourable Justice Michael J. Lema
, Court of King’s Bench for Alberta
The Honourable Justice Allisen Rothery, Court of King’s Bench for Saskatchewan

Moderator: Ilia Kravtsov, Associate, Osler Hoskin & Harcourt LLP (Montreal, QC)

2:45 pm – 3:30 pm

SESSION 5: The Restructuring of Wallace & Carey Inc. et al

Join our panel on a dive into the detail, issues and outcomes of a CCAA restructuring that reached stakeholders from coast-to-coast, and North and South. On the menu - the treatment of claims resulting from unpaid provincial/territorial tobacco taxes, self-help remedies taken by vendors and customers, and an unusual restructuring transaction.

Speakers:
Evan Cobb, Partner Norton Rose Fulbright Canada LLP (Toronto, ON)
Jason Knight, Managing Director, KSV Restructuring Inc. (Calgary, AB)
Bobby Kofman, President and Managing Director, KSV Restructuring Inc. (Toronto, ON)
Edmond Lamek, Partner, DLA Piper (Canada) LLP (Toronto, ON)
James Reid, Partner, Miller Thomson LLP (Calgary, AB)

Moderator: Jeffrey Oliver, Partner, Cassels, Brock & Blackwell LLP (Calgary, AB)

3:30 pm – 3:45 pm

Afternoon Break

3:45 pm – 4:30 pm

SESSION 6: RVOs: Has the Extraordinary become Ordinary? 

While a RVO is still purported to be extraordinary, RVOs are being used in more and more circumstances. While the RVO is typically used where the transaction would be difficult to complete in an alternate structure, this panel will question whether RVOs are being used more for expediency than necessity and whether the right of creditors to vote in a CCAA proceeding is being trampled far too easily.

Speakers:
Corey Geenen
, Senior Vice President & Managing Director, Ernst & Young Inc. (Montreal, QC)
Emma Newbury, Associate, Osler Hoskin & Harcourt LLP (Vancouver, BC)
Alexis Teasdale, Partner, Lawson Lundell LLP (Calgary, AB)

Moderator: Carole J. Hunter, Counsel, DLA Piper (Canada) LLP (Calgary, AB)

4:30 pm – 4:45 pm

Closing Remarks

Speaker: TBA

4:45 pm

Closing Reception
Sponsor
Goldhar & Associates Ltd.


Osgoode Hall Law School
 

 

 

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    DATE
    Oct. 17-18, 2024

    FORMAT
    In-person

    VENUE
    Fairmont Banff Springs
    405 Spray Ave
    Banff, AB T1L 1J4

    MAIN PAGE

    SPONSORS

    Miller Thomson LLP

    Aird and Berlis LLP

    Goldhar & Associates Ltd.

    MNP Ltd

    IRIS – Insolvency and Restructuring Intelligent Search

    Osler, Hoskin & Harcourt LLP

    Stewart McKelvey

    Osgoode Hall Law School


    Presentation materials will be displayed in the language as submitted by the speakers.

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CONTACT INFO

pd@cba.org
613-237-2925
1-800-267-8860
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