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November 2012

Landlords' claims in insolvency proceedings

Insolvent commercial tenants may disclaim their leases as part of restructuring efforts under the Bankruptcy and Insolvency Act. If this happens, the landlord may file a claim for the losses caused by the disclaimer. What losses can the landlord claim? This question was dealt with in the recent BC decision of Bryant, Fulton & Shee Advertising Inc. (Re).

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