Friday November 25, 2011

8:30

Registration

9:00

Welcome and Introduction

Chair

9:10

Manoeuvring through the Insolvency Maze - Shifting Stakeholder Identities and Implications for CCAA Restructurings

Professor Janis Sarra

• A number of important public policy questions for Canadian insolvency law have arisen out of the complex changes occurring during and after the 2008-9 global financial crisis. These questions engage the very nature of stakeholder interest, the role of financial and capital markets in firm financial health, the statutory framework chosen to assist financially distressed businesses, and the particular challenges we face in fashioning a fair, timely and accessible commercial insolvency process. This presentation suggests that the current challenges for insolvency law in Canada are akin to a maze, a complex multicursal puzzle with choices of path and direction that we will next to consider over the coming months and years.

10:10

Refreshment Break

10:30

Business Restructuring Basics

JJ Burnell and Bruce Taylor

• BIA Proposals
• CCAA
• Receiverships

11:10

Acquiring Assets from Insolvent Businesses

Don Douglas and Blair Filyk

• Protecting the purchaser who wants to buy assets from a business on the edge
• Purchasing assets from a business in formal restructuring, or from the Receiver
• Selling assets for a business on the edge, or in formal restructuring

12:00

Lunch in the Concert Hall for those who have purchased tickets

1:00

Welcome Back

1:05

The Legal Ethics of Creditor Proofing & Highlights of Recent Personal Bankruptcy Decisions

Robert (Bob) Klotz

2:00

Insolvency & Contracts: Are the Terms What You Think They Are?

David Kroft

2:35

Refreshment Break

2:55

Agricultural Insolvency: Restructuring Challenges Unique to the Farm, Ranch & Agribusiness Sectors

Jeff Lee

• Unique factors affecting decision making in agricultural enterprises that pose challenges to restructuring
• Significance of government regulation of the agricultural industry to restructuring
• Other unique aspects of agriculture that pose challenges to restructuring

3:50

Panel Discussion

Panel: Master Errick Harrison (Chair), David Jackson, John Stewart

• Who bought the farm?

Saturday November 26, 2011

8:30

Registration

9:00

Welcome and Introduction

Chair

9:05

An Unsecured Creditor's Toolbox for Bankruptcies - Rights and Remedies

Frank Bennett

• Review of a pre-bankruptcy checklist
• Apply for a bankruptcy order
• Respond to a bankruptcy proposal
• Attend the creditors' meeting
• Exercise the trustee's remedies
• Oppose the bankrupt's discharge
• Pursue post-bankruptcy claims

10:00

I'm on the hook for what?! Advising Directors of Insolvent and Restructuring Corporations

Rick Schwartz

• The decision to become a director and the legal duties of directors
• Effect of corporate insolvency or restructuring procedures
• Directors' liabilities as set out in the applicable federal and provincial legislation
• Risk management and independent legal advice

10:35

Refreshment Break

11:00

Panel Discussion

Panel: Justice Robert Dewar (Chair), Donna Collins, Catherine Howden, David Johnston

• What about me? What other stakeholders need to know to protect their rights
  • Employees
  • Considerations for executors and beneficiaries
  • Equipment lessors
  • Joint property

12:00

Wrap Up