Join The Party! An Overview of the Case Law on Representation Orders in Canadian Insolvency Proceedings

This article first appeared in Volume 14, Issue 6 of International Corporate Rescue and is reprinted with the permission of Chase Cambria Publishing.

Despite the absence of codified standard procedures pertaining to the appointment by the court of creditors' representatives in proceedings under the Companies' Creditors arrangement Act2 ("CCAA"),3 recent case law across Canada has established a common approach in tackling this specific question, which arises increasingly frequently in insolvency proceedings involving several stakeholders. In fact, unlike Chapter 11 of the US Bankruptcy Code, in Canada, the CCAA does not provide for the appointment of creditors' committees representing their interest during the proceedings.

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