Bankruptcy & Insolvency Update 2026

Course Chairs
Geoffrey H. Dabbs — Gehlen Dabbs, Vancouver
Rebecca M. Morse — Farris LLP, Vancouver

About the Course Chairs
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 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). He has also extensively assisted both creditors and debtors in insolvency-based reorganizations and debt proposals under all aspects of provincial and federal law.

Geoffrey also acts for various housing and strata management organizations as well as housing co-operatives in litigation involving tenancy and governance disputes.

Rebecca Morse has a broad range of experience in civil litigation matters including contractual disputes, construction disputes, insolvency and restructuring matters, estate and trust disputes, and international trade matters. She is recognized by The Best Lawyers in Canada for corporate and commercial litigation, trusts and estates, and insolvency and financial restructuring law. She is also recognized by Benchmark Litigation Canada as a Top 100 Women in Canada and as a Litigation Star.

She has experience in conducting trials, appeals, mediations, arbitrations and administrative hearings, and Rebecca has acted for a variety of corporations (both publicly listed and privately held), individuals, and financial institutions. She has appeared before the BC Supreme Court, the BC Court of Appeal, and the Canadian International Trade Tribunal. Rebecca has also represented clients in matters before the High Court of Justice of England and Wales.

Rebecca is a member of the Private Enterprise Advisory Services team at Farris which is focused on mid-market privately owned businesses. It is a multi-disciplinary practice group formed to better deliver the specific legal services that these businesses need. The Farris team works closely together to provide comprehensive advice to private clients and their companies, and Rebecca's contribution is typically focused on providing advice on litigation matters as well as family estate and trust disputes.

Faculty
Mary I.A. Buttery, KC — Osler, Hoskin & Harcourt LLP, Vancouver
Carol M. Cash — Gehlen Dabbs Cash LLP, Vancouver
Robert Fischer — DWF Group, Vancouver
Michelle Grant — PwC Canada, Vancouver
Katie Mak — Norton Rose Fulbright Canada LLP, Vancouver
Noor Mann — Lawson Lundell LLP, Vancouver
Christopher Ramsay — Clark Wilson LLP, Vancouver
Jordan D. Schultz — Dentons Canada LLP, Vancouver
Vicki Tickle — Cassels Brock & Blackwell LLP, Vancouver 
Jonathan L. Williams — Owen Bird Law Corporation, Vancouver

Course Materials Contributors
George Ikonomou — Gehlen Dabbs Cash LLP, Vancouver
Kiely Bartella — Gehlen Dabbs Cash LLP, Vancouver
Thea Udwadia — Norton Rose Fulbright Canada LLP, Vancouver

Click here for full faculty bios

• insolvency—identifying it factually and analyzing it legally
• trying to avoid bankruptcy—proposals and creditor protection
• bankruptcy under the Bankruptcy and Insolvency Act
• 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

• 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

• Division 1 proposals under the Bankruptcy and Insolvency Act
  • who may make a proposal
  • filing under the Bankruptcy and Insolvency Act
  • stay of proceedings
  • purpose and terms
  • process and timing
  • restructuring options
  • creditor and court approval 
  • performance, default, and annulment
• informal proposals
  • considerations
  • advantages and disadvantages
  • work outs

• bankruptcy and the landlord/tenant relationship
• impact on landlord's rights/remedies on tenant making a proposal under the Bankruptcy and Insolvency Act
• 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

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

• Forbearance Agreements
  • timing and effect
  • key terms and optional terms
  • issues and pitfalls

• purpose of the Bankruptcy and Insolvency Act
• proofs of claim
• trustee's duty to examine
• trustee may allow or disallow
• role of the courts
• appeals from disallowance
  • nature of an appeal
  • limitation period
  • trustee's duty to appear on appeal
  • process: de novo or true appeal
    • fresh evidence
    • trial de novo
  • standard of review
  • standing
• creditor's right to apply to expunge or reduce
  • procedure
  • scope of application
• an alternative or parallel process: suing in the civil courts
• costs
• trustee's fees 
  • trust claims
  • secured claims