Ontario Government proposes bill to limit registrations of security interests against certain equipment
Introduction The Ontario Government has introduced Bill 169, the Removing Red Tape for Homeowners (No More Pushy, High-Pressure HVAC Scams) Act, 2024 (“Bill 169” or the “Bill”), which limits the registration of a Notice of Security Interest (“NOSI”) against certain […]
Ken Rosenstein and Victor Cornea publish article on Enhanced Super-Priority for Farmers – Lenders Beware
LexisNexis National Insolvency Review
Ken Rosenstein and Victor Cornea’s article on “Enhanced Super-Priority for Farmers – Lenders Beware” is published in LexisNexis’ National Insolvency Review: Lenders beware, Canada is one step closer to establishing a framework that will provide significant enhanced protections for suppliers […]
Kenneth Rosenstein interviewed by Law Times on Toronto office move
Law Times
Toronto Office Managing Partner Kenneth Rosenstein speaks to Law Times on the upcoming office move to the top floors of Scotia Plaza in early 2025. The new space will be designed to “foster collaboration, networking, and a vibrant work culture”: […]
Kenneth Rosenstein featured in RENX.ca article on Toronto office relocation
Real Estate News EXchange
Toronto Office Managing Partner Kenneth Rosenstein speaks to RENX.ca on Miller Thomson’s forthcoming move to the upper floors of Scotia Plaza: “It aligns with our movement in the marketplace and our trajectory and our ascension to the top of the […]
Enhanced superpriority for farmers – Lenders beware
Lenders beware, Canada is one step closer to establishing a framework that will provide significant enhanced protections for suppliers of perishable food items. Bill C-280, or the Financial Protection for Fresh Fruit and Vegetable Farmers Act (the “Act”), has passed […]
Insurance protection for secured lenders
Insurance certificates often provide that a debtor’s secured lenders are an “additional insured” and/or a “loss payee” on the debtor’s insurance policies without the statement that the lender is a “mortgagee” with a “standard mortgage clause.” These key words need […]
A sigh of relief for agents in syndicated financings
Agents in syndicated loan transactions have received some much needed relief in respect of potential erroneous payments made by them to the lenders in their syndicate. Erroneous payments provisions became commonplace in many credit agreements in 2021 as a by-product […]
Bill 96: Something new or déjà vu?
On May 13, 2021, Bill 96: An Act Respecting French, The Official and Common Language of Québec (the “Bill”) was tabled by the Québec government. This Bill aims to provide for stricter protections of the French language within the Charter […]
Lessons for lenders: Personal knowledge and addressing the evidentiary burden remains key
Introduction It is common for a special loans officer of a secured lender to swear an Affidavit on behalf of their financing institution in connection with enforcement proceedings. However, a recent Master’s decision, Meridian OneCap Credit Corp v Nikos Directional […]
Lenders take note: Exercising discretion in good faith affirmed by the Supreme Court of Canada
On February 5, 2021, the Supreme Court of Canada released its decision in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District[1] (“Wastech v. Metro”), where it clarified the duty of contracting parties to exercise discretion in good faith. […]
