Canada v. Callidus Capital Corporation, 2017 FCA 162
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2017 FCA 162 |
| Date | 27 July 2017 |
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16 practice notes
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Secured Creditor's Priority Over Unremitted GST/HST: SCC Grants Callidus Capital Corporation Leave To Appeal
...to property received by a secured creditor from a tax debtor before bankruptcy. In Canada v Callidus Capital Corporation, 2015 FC 977, 2017 FCA 162 ("Callidus"), a request was made for a debtor to make an assignment into bankruptcy. At the time, the tax debtor was indebted to the Canada Rev......
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Common Sense Prevails: Secured Creditors Not Liable Under GST/HST Deemed Trust Post-Bankruptcy
...outside of bankruptcy has been left to be decided another day. Footnotes 1 Canada v. Callidus Capital Corporation, 2015 FC 977 (rev'd) 2017 FCA 162, Pelletier J.A. About Norton Rose Fulbright Canada LLP Norton Rose Fulbright is a global law firm. We provide the world's preeminent corporatio......
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Creditors Cheer SCC Decision On GST Debts
...obligation to pay such proceeds to the Crown also ceases on the supplier's bankruptcy. In contrast, a majority of the FCA panel ( 2017 FCA 162) had concluded that the creditor's personal liability under subsection 222(3) survived the supplier's bankruptcy. In dissent at the FCA, Pelletier J......
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Summaries Sunday: Supreme Advocacy
...circumstances would conduct themselves.” (Emphasis in original). Tax: Deemed Trusts Callidus Capital Corp. v. Canada, 2017 FCA 162; 2018 SCC 47 Gascon J: “We would allow the appeal for the reasons of the dissenting judge in the Federal Court of Appeal, and reinstate the order of Justice McV......
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3 cases
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Mohammed v. Canada (Social Security Tribunal), 2022 FC 1124
...the credit split. “Shall” confers no residual discretion on the decision-maker (Canada v Callidus Capital Corporation, 2017 FCA 162 at para 24 citing Ruth Sullivan, Sullivan on the Construction of Statutes, 6th ed. (Canada: LexisNexis, 2014), at 91-92; see also Interpretation ......
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Callidus Capital Corp. v. Canada, 2018 SCC 47
...et Association des banquiers canadiens Intervenants JUDGMENT The appeal from the judgment of the Federal Court of Appeal, Number A-400-15, 2017 FCA 162, dated July 27, 2017, was heard on November 8, 2018, and the Court on that day delivered the following judgment orally: Gascon J. — We woul......
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Urbancorp Cumberland 2 GP Inc., (Re)., 2017 ONSC 7156
...This brings into issue the correctness of the recent decision of the Federal Court of Appeal in Canada v. Callidus Capital Corporation, 2017 FCA 162 [3] As it turns out however, for the reasons explained below, on the particular facts of this case, none of these issues need to be resolved. ......
12 firm's commentaries
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Secured Creditor's Priority Over Unremitted GST/HST: SCC Grants Callidus Capital Corporation Leave To Appeal
...to property received by a secured creditor from a tax debtor before bankruptcy. In Canada v Callidus Capital Corporation, 2015 FC 977, 2017 FCA 162 ("Callidus"), a request was made for a debtor to make an assignment into bankruptcy. At the time, the tax debtor was indebted to the Canada Rev......
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Common Sense Prevails: Secured Creditors Not Liable Under GST/HST Deemed Trust Post-Bankruptcy
...outside of bankruptcy has been left to be decided another day. Footnotes 1 Canada v. Callidus Capital Corporation, 2015 FC 977 (rev'd) 2017 FCA 162, Pelletier J.A. About Norton Rose Fulbright Canada LLP Norton Rose Fulbright is a global law firm. We provide the world's preeminent corporatio......
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Creditors Cheer SCC Decision On GST Debts
...obligation to pay such proceeds to the Crown also ceases on the supplier's bankruptcy. In contrast, a majority of the FCA panel ( 2017 FCA 162) had concluded that the creditor's personal liability under subsection 222(3) survived the supplier's bankruptcy. In dissent at the FCA, Pelletier J......
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No Deemed Trust for Unremitted GST and HST Post-Bankruptcy
...8, 2018, the Supreme Court of Canada granted the appeal of the decision of the Federal Court of Appeal in Canada v Callidus Capital Corp, 2017 FCA 162. Secured creditors who receive proceeds of secured assets prior to the bankruptcy of a debtor are no longer held personally liable after the......
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