Bankruptcy & Insolvency Update 2026

Course Chairs
Geoffrey H. Dabbs — Gehlen Dabbs Cash LLP, 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
Carol M. Cash — Gehlen Dabbs Cash LLP, Vancouver
Jason Eckford, CPA, CIRP, LIT — Vice President, Reovery and Restructuring, MNP Ltd., Vancouver
Katie Mak — Norton Rose Fulbright Canada LLP, Vancouver
Noor Mann — Lawson Lundell LLP, Vancouver
Holly Palmer, CA, CPA, CIRP, LIT — Senior Vice President, MNP Ltd., Vancouver
Christopher Ramsay — Clark Wilson LLP, Vancouver
Jordan D. Schultz — Dentons Canada LLP, Vancouver 
Jonathan L. Williams — Owen Bird Law Corporation, Vancouver

Click here for full faculty bios

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Course Introduction and Land Acknowledgement (9:00 – 9:10)

Teresa Sheward — Program Lawyer, CLEBC, Vancouver
Geoffrey H. Dabbs — Gehlen Dabbs Cash LLP, Vancouver
Rebecca M. Morse — Farris LLP, Vancouver

General Overview of All Insolvency Statutes (9:10 – 9:50)

• 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 (BIA)
• 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 Cash LLP, Vancouver
Rebecca M. Morse — Farris LLP, Vancouver

Priority Issues in Bankruptcy and Insolvency (9:50 – 10:30)

• the basic priority scheme under the BIA
• 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 Cash LLP, Vancouver

BREAK (10:30 – 10:45)

Receivership, CCAA, BIA—Proposals to Creditors (10:45 – 11:50)

• an overview of CCAA, receivership and BIA proposal processes
• a review of the various tools available in each of these regimes, including vesting and reverse vesting orders, DIP financing, and when a party can disclaim leases and other contracts
• a review of industry trends including an overview of acceptable rates for DIP financing and break fees

Jason Eckford, CPA, CIRP, LIT — Vice President, Reovery and Restructuring, MNP Ltd., Vancouver
Rebecca M. Morse — Farris LLP, Vancouver
Holly Palmer, CA, CPA, CIRP, LIT — Senior Vice President, MNP Ltd., Vancouver

NETWORKING LUNCH (11:50 – 12:50)

Insolvency and the Landlord/Tenant Relationship (12:50 – 1:15)

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

Speaker TBA 

Directors' and Officers' Liability in Insolvency (1:15 – 1:40)

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

Christopher Ramsay — Clark Wilson LLP, Vancouver

Reverse Vesting Orders (1:40 – 2:05)

Katie Mak — Norton Rose Fulbright Canada LLP, Vancouver

Forbearance Agreements (2:05 – 2:30)

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

Jordan D. Schultz — Dentons Canada LLP, Vancouver 

BREAK (2:30 – 2:45)

Guarantees (2:45 – 3:10)

• key terms
• common defences
• independent legal advice

Noor Mann — Lawson Lundell LLP, Vancouver

Proofs of Claim, Disallowances, and Appeals Therefrom (3:10 – 3:35)

• purpose of BIA
• 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

Jonathan L. Williams — Owen Bird Law Corporation, Vancouver

Case Study Roundtable: Bringing it All Together (3:35 – 4:30)

Carol M. Cash — Gehlen Dabbs Cash LLP, Vancouver
Geoffrey H. Dabbs — Gehlen Dabbs Cash LLP, Vancouver
Katie Mak — Norton Rose Fulbright Canada LLP, Vancouver
Noor Mann — Lawson Lundell LLP, Vancouver
Rebecca M. Morse — Farris LLP, Vancouver
Jonathan L. Williams — Owen Bird Law Corporation, Vancouver