In the recently released Judgment in Bank of Montreal v. Peri Formwork Systems Inc., the British Columbia Court of Appeal was called upon to decide whether a Monitor, under the Companies’ Creditors Arrangement Act (“CCAA”), or a Receiver, under the Builders Lien Act , could borrow monies to complete a development project in priority to claims of builder’s liens registered against the project. (...)

type Bankruptcy Update - January 2012