Bankruptcy & Insolvency 2022

Course Chair
Geoffrey H. Dabbs — Gehlen Dabbs, Vancouver

About the Course Chair
Geoffrey Dabbs' practice focuses on litigation aspects of commercial and insolvency law, including bankruptcy and receivership, commercial tenancy disputes, security recovery, and related matters. He has appeared before all levels of court in commercial and insolvency related litigation, including the Supreme Court of Canada on behalf of a successful trustee in bankruptcy. Geoffrey also acts for various housing and strata management organizations as well as housing co-operatives in litigation involving tenancy and governance disputes. Geoffrey has written and/or presented extensively for CLEBC and for PLTC as well as for the Canadian Association of Insolvency and Restructuring Professionals (being the Administrative national organization for restructuring professionals, including bankruptcy trustees and receivers).

Geoffrey is a partner with the firm Gehlen Dabbs – Lawyers, which is now in its 24th year.

Faculty
Carol M. Cash — Gehlen Dabbs, Vancouver
Sherryl Dubo — McMillan Dubo Law Group, Kamloops
Ryan Laity — Borden Ladner Gervais LLP, Vancouver
Jennifer McCracken, LIT — BDO First Call Debt Solutions, Langley
Cody G. Reedman — Reedman Law, North Vancouver
Jordan D. Schultz — Dentons Canada LLP, Vancouver
Vicki Tickle — McMillan LLP, Vancouver

Course Materials Contributors
Amanda Johnson — McMillan Dubo Law Group, Kamloops
Jennifer Pepper — Borden Ladner Gervais LLP, Vancouver
Eamonn Watson — Dentons Canada LLP, Vancouver

Click here for full faculty bios

Welcome and Land Acknowledgement (9:00 – 9:10)

Geoffrey H. Dabbs — Gehlen Dabbs, Vancouver

General Overview of All Insolvency Statutes (9:10 – 9:45)

• insolvency—identifying it factually and analyzing it legally
• trying to avoid bankruptcy—proposals and creditor protection
• bankruptcy under the Bankruptcy and Insolvency Act of Canada
• receivership under provincial law
• practice directions and model orders of the Supreme Court
• pitfalls to watch out for!
• other potentially applicable federal and provincial law
• practice considerations, advice, and action points

Geoffrey H. Dabbs — Gehlen Dabbs, Vancouver

Priority Issues in Bankruptcy and Insolvency (9:45 – 10:25)

• the basic priority scheme under the Bankruptcy and Insolvency Act
• priority creditors
  • secured creditors
  • Crown claims
  • unpaid suppliers
  • the Wage Earner Protection Program Act
• postponed creditors
  • equity claims
  • non-arm's length transactions
• trust property 
• exempt property

Carol M. Cash — Gehlen Dabbs, Vancouver

BREAK (10:25 – 10:40)

Insolvency and the Landlord—Tenant Relationship (10:40 – 11:20)

• bankruptcy and the landlord/tenant relationship
• impact on landlord's rights/remedies on tenant making a proposal under the Bankruptcy and Insolvency Act of Canada
• receivership of the tenant
• Commercial Tenancy Act and liability of bankruptcy trustee and receiver for rent
• landlord's options in dealing with a potentially insolvent tenant
• tips and traps in dealing with an insolvent tenant
• review of BC's response to COVID-19 relating to commercial tenancies

Sherryl Dubo — McMillan Dubo Law Group, Kamloops

Directors' and Officers' Liability in Insolvency (11:20 – 12:05)

• who is considered an officer or director?
• types of liability
• avoiding or minimizing the liability
• indemnification and insurance
• liability for breach of directors' duties

Ryan Laity — Borden Ladner Gervais LLP, Vancouver

LUNCH (12:05 – 12:50)

Forbearance Agreements and Guarantees (12:50 – 1:30)

• forbearance agreements
  • timing and effect
  • key terms and optional terms
  • issues and pitfalls
• guarantees
  • key terms
  • common defences
  • ILA

Jordan D. Schultz — Dentons Canada LLP, Vancouver

Non-consumer Proposals (1:30 – 2:05)

• division I proposals
• notice of intention
• stay of proceedings
• default
• financing
• 'out of court' proposals
• informal proposals

Vicki Tickle — McMillan LLP, Vancouver

BREAK (2:05 – 2:20)

Personal Bankruptcy and Discharge of Bankrupt (2:20 – 3:10)

• process
  • the trustee in bankruptcy
  • summary administration vs. ordinary administration
  • stay of proceedings
  • property of a bankrupt
  • surplus income
• role of creditors
  • the filing of proofs of claims
  • acting as inspector
• conclusion of process
  • orders of discharge
  • debts which survive after discharge
• what you need to know if you are acting for a bankrupt or creditor
  • student loans
  • tax driven bankruptcies
  • multiple bankruptcies
• grounds for opposing the bankrupt's discharge
• what evidence you should put before the court
• what orders the court may make
  • variation of bankruptcy discharge orders
  • appeals

Jennifer McCracken, LIT — BDO First Call Debt Solutions, Langley
Cody G. Reedman — Reedman Law, North Vancouver

Hot Topics Roundtable (3:10 – 3:30)

• impact of the pandemic on insolvency filings over the past two years and potential impacts of anticipated end of government pandemic assistance
  • personal insolvency perspective
  • corporate insolvency perspective
• CRA compliance clauses
• debts that survive bankruptcy—recent decisions on what is owed to Securities Commission
• effective limitation periods in insolvency filings

Geoffrey H. Dabbs — Gehlen Dabbs, Vancouver
Jennifer McCracken, LIT — BDO First Call Debt Solutions, Langley
Cody G. Reedman — Reedman Law, North Vancouver
Vicki Tickle — McMillan LLP, Vancouver