White Oak Commercial Finance, LLC v. Nygard Holdings (USA) Limited et al.
| Jurisdiction | Manitoba |
| Court | Court of Queen's Bench of Manitoba (Canada) |
| Judge | EDMOND |
| Citation | 2022 MBQB 48 |
| Date | 10 March 2022 |
| Docket Number | CI 20-01-26627 (Winnipeg Centre) |
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2 practice notes
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Key Developments In Canadian Insolvency Case Law In 2022
...v. Scott, 2022 ONCA 509 The corporate attribution doctrine Ontario Court of Appeal White Oak Commercial Finance, LLC v. Nygard Holdings, 2022 MBQB 48 Substantive consolidation The Court of King's Bench of Manitoba Manitok Energy Inc. (Re), 2022 ABCA 117 Abandonment & reclamation obligat......
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Substantive Consolidation Of Solvent Entities? The Manitoba Court Of Appeal Weighs In
...granted the receiver's motion to substantively consolidate the debtor companies: White Oak Commercial Finance, LLC v. Nyg'rd Holdings, 2022 MBQB 48. Justice Edmond applied the Redstone principles and concluded While some of the elements of consolidation were not present (such as the lack of......
1 cases
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Conian Developments Inc. (Re)
...MBCA 73 at para. 27 [ Nygård].) 39 Nygård affirmed the decision of the Court below ( White Oak Commercial Finance, LLC v. Nygård Holdings, 2022 MBQB 48), which summarized the circumstances that tend to favour substantive consolidation: [25] Cases where the courts have found that substantive......
2 firm's commentaries
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Key Developments In Canadian Insolvency Case Law In 2022
...v. Scott, 2022 ONCA 509 The corporate attribution doctrine Ontario Court of Appeal White Oak Commercial Finance, LLC v. Nygard Holdings, 2022 MBQB 48 Substantive consolidation The Court of King's Bench of Manitoba Manitok Energy Inc. (Re), 2022 ABCA 117 Abandonment & reclamation obligat......
-
Substantive Consolidation Of Solvent Entities? The Manitoba Court Of Appeal Weighs In
...granted the receiver's motion to substantively consolidate the debtor companies: White Oak Commercial Finance, LLC v. Nyg'rd Holdings, 2022 MBQB 48. Justice Edmond applied the Redstone principles and concluded While some of the elements of consolidation were not present (such as the lack of......
