Chandos Construction Ltd v Deloitte Restructuring Inc, 2020 SCC 25 is a landmark case of the Supreme Court of Canada concerning the position of the anti-deprivation rule within Canadian insolvency law. It held that, because of differences in Canadian law, the rule has wider application relative to the English rule applied by the UK Supreme Court in Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd.
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| - Chandos Construction Ltd v Deloitte Restructuring Inc (en)
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| - Chandos Construction Ltd v Deloitte Restructuring Inc, 2020 SCC 25 is a landmark case of the Supreme Court of Canada concerning the position of the anti-deprivation rule within Canadian insolvency law. It held that, because of differences in Canadian law, the rule has wider application relative to the English rule applied by the UK Supreme Court in Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd. (en)
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JoinMajority
| - Wagner CJ and Abella, Moldaver, Karakatsanis, Brown, Martin and Kasirer JJ (en)
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| - Bankruptcy and Insolvency Act (en)
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| - Any contract clause by which value is removed from the reach of the insolvent person’s creditors which would otherwise have been available to them, and places that value in the hands of others, is void by virtue of the anti-deprivation rule. This rule has existed in Canadian common law since before federal bankruptcy legislation existed, and has not been eliminated by any decision of the Court or by Parliament. (en)
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| - In the event the Subcontractor commits any act of insolvency, bankruptcy, winding up or other distribution of assets, or permits a receiver of the Subcontractor's business to be appointed, or ceases to carry on business or closes down its operations, then in any such events:
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the Subcontractor shall forfeit 10 [percent] of the within Subcontract Agreement price to the Contractor as a fee for the inconvenience of completing the work using alternate means and/or for monitoring the work during the warranty period. (en)
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| - Chandos Construction Ltd v Deloitte Restructuring Inc, 2020 SCC 25 is a landmark case of the Supreme Court of Canada concerning the position of the anti-deprivation rule within Canadian insolvency law. It held that, because of differences in Canadian law, the rule has wider application relative to the English rule applied by the UK Supreme Court in Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd. (en)
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case-name
| - Chandos Construction Ltd v Deloitte Restructuring Inc (en)
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full-case-name
| - Chandos Construction Ltd v Deloitte Restructuring Inc in its capacity as Trustee in Bankruptcy of Capital Steel Inc, a bankrupt (en)
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| - Appeal dismissed, Côté J dissenting (en)
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