Sentences with phrase «under bia»

The S.C.C. found that an equalization payment is a debt, not a proprietary interest, and as such it is to be treated like any other unsecured claim under the BIA.

Essentially, the husband's discharge in bankruptcy under the BIA essentially trumped the wife's right to equalization under Manitoba family law: She received nothing, while he was able to keep the exempted family farm.

The Court itself noted that when there is a CCAA liquidation proceeding, the PPSA may determine the priorities, rather than the federal scheme under the BIA (Indalex, para 52).

Finding that, the Court went on to conclude that the provincial deemed trust under the PBA applies in CCAA proceedings, subject to the doctrine of federal paramountcy, because of the Amended Initial Order, and noting that that means that when there is a CCAA liquidation proceeding, the PPSA may determine the priorities rather than the federal scheme under the BIA (Indalex, para 52), since analogous priorities are not set out in the CCAA.

The issue here is that while the priorities of deemed trusts in relation to secured creditors under the BIA might be clearly set out, it is not the case under the CCAA, another federal statute.

If this were a case where the debtor initially proceeded under the CCAA, only to fail and end up under the BIA, then the BIA priorities would govern.

The tribal lands eligibility will be expanded to U.S. tribal lands under BIA in a forthcoming ACR methodology.

The trustee proceeds to liquidate the property and distribute the proceeds to the creditors in accordance with the distribution priorities prescribed under the BIA.

Fortunately there are legal procedures under the BIA that can stop creditors actions even before it gets to the point where your income or assets are taken from you.

Bankruptcy (or a consumer proposal) is not for everyone, but for 1 in 6 Canadians a procedure under the BIA is the legal option of choice when dealing with debt.

The purpose behind filing any insolvency procedure under the BIA is to obtain protection from your creditors.

Not exact matches

On Friday 29 September 2017, Kerry Agribusiness and our colleagues in Kerry Charleville welcomed the Minister for Agriculture, Food & the Marine, Michael Creed, T.D., Tara McCarthy, CEO of Bord Bia, and Edmond Scanlon, Kerry Group Chief Executive, to mark the official announcement of the Group's achievement of 100 % certification of our milk suppliers under the Sustainable Dairy Assurance Scheme (SDAS).

Under the Bord Bia / Origin Green Sustainable Dairy Assurance Scheme (SDAS), Irish farmers and processors can demonstrate to global customers of dairy products that milk is produced under an accredited scUnder the Bord Bia / Origin Green Sustainable Dairy Assurance Scheme (SDAS), Irish farmers and processors can demonstrate to global customers of dairy products that milk is produced under an accredited scunder an accredited scheme.

Kerry Agribusiness is proud of our grass - based, sustainable milk supply and were the first major milk processor in Ireland to have achieved 100 % SDAS (Sustainable Dairy Assurance Scheme) Certification under the Bord Bia Origin Green scheme.

For individuals that have filed bankruptcy prior to the student loans being 7 years old and 7 years now have passed, there is a provision to request the courts to discharge the loans — this falls under section 178 (1.1) of the BIA.

Student debt relief under the Bankruptcy & Insolvency Act (BIA) is not an option for recent graduates due to legislative rules governing student debt.

A proposal, under the Bankruptcy and Insolvency Act (BIA), is a formal offer from you to your creditor.

I hesitate to even mention it, but it is possible to be imprisoned under s. 198 of the BIA for Bankruptcy Offenses, but it is rare and you'd have to work hard to get there.

Bankruptcy can only be filed by a licensed trustee in bankruptcy under the Bankruptcy and Insolvency Act (BIA) as set out by the Office of the Superintendent of Bankruptcy.

In Canada, under the federal Bankruptcy and Insolvency Act (BIA), we have special rules that apply to unpaid student loans.

The company has attempted to reorganize itself under the proposal provisions of the BIA but the reorganization has failed.

Filed Under: Exhibitions Tagged With: Adam Broomberg and Oliver Chanarin, Adam Szymczyk, Aemilia Papaphilippou, Alexandros Psychoulis, Alexis Akrithakis, Allan Sekula, Andrea Bowers, Andreas Angelidakis, Andreas Lolis, Ange Leccia, ANTIDORON: Works from the EMST Collection at documenta 14, Aspa Stasinopoulou, Athanasios Argianas, Banu Cennetoğlu, Ben Russell, Bertille Bak, Bia Davou, Bill Viola, Bonaventure Soh Bejeng Ndikung, Candice Hopkins, Carlos Garaicoa, Christiana Soulou, Chronis Botsoglou, Chryssa, Constantin Byzantios, Costas Tsoclis, Costas Varotsos, Danil (Panagopoulos), Danny Matthys, Dieter Roelstraete, Dimitris Alithinos, Dimitris Tzamouranis, Dimosthenis Kokkinidis, documenta 14, Eirene Efstathiou, Emily Jacir, Eugenia Apostolou, Fridericianum, Gary Hill, George Drivas, George Hadjimichalis, George Lappas, Georgios Xenos, Germany, Gülsün Karamustafa, Hans Haacke, Haris Epaminonda, Hendrik Folkerts, Hila Peleg, Ilias Papailiakis, Jan Fabre, Janine Antoni, Jannis Kounellis, Jannis Psychopedis, Joana Hadjithomas and Khalil Joreige, Joseph Kosuth, Kassel, Kendell Geers, Kimsooja, Köken Ergun, Kostis Velonis, Lucas Samaras, Lynda Benglis, Manolis Baboussis, Maria Loizidou, Maria Papadimitriou, Mona Hatoum, Monika Szewczyk, Nausika Pastra, Nikos Alexiou, Nikos Kessanlis, Nikos Navridis, Nikos Tranos, Nina Papaconstantinou, Oliver Ressler, Panos Kokkinias, Pantelis Chandris, Pantelis Xagoraris, Pavlos (Dionysopoulos), Pedro Cabrita Reis Vlassis Caniaris, Pierre Bal - Blanc, Piotr Kowalski, Pope.L, Rena Papaspyrou, sculptor, Stathis Logothetis, Stefanos Tsivopoulos, Stelios Faitakis, Stephen Antonakos, Takis, Thanassis Totsikas, Theodoros, Vangelis Vlahos, Vassilis Skylakos, Walid Raad, Yiannis Bouteas, Yiannis Michas, Yorgos Lazongas, Yorgos Sapountzis

State and local forest lands are also eligible under the methodology as are tribal lands, except those managed or administered by the U.S. Bureau of Indian Affairs (BIA).

Jeff has considerable expertise in shareholder's disputes, receivership law and reorganization proceedings under both the Bankruptcy and Insolvency Act (BIA) and the Companies Creditors Arrangements Act (CCAA).

Under the WEPPA, if an eligible individual receives a WEPP payment by the Crown for unpaid wages, the Crown is subrogated to the claims to which that employee is entitled under the Bankruptcy and Insolvency Act (RSC 1985, c B - 3, ss 81.3 - 81.4, «BIA&raqUnder the WEPPA, if an eligible individual receives a WEPP payment by the Crown for unpaid wages, the Crown is subrogated to the claims to which that employee is entitled under the Bankruptcy and Insolvency Act (RSC 1985, c B - 3, ss 81.3 - 81.4, «BIA&raqunder the Bankruptcy and Insolvency Act (RSC 1985, c B - 3, ss 81.3 - 81.4, «BIA»).

While the BIA provision clearly lays out the treatment of deemed trusts in favour of the Crown, issues can arise with deemed trusts that arise in favour of parties other than the Crown, such as those arising under pension legislation.

Under the federal BIA, the treatment of trusts depends on their nature.

A case commonly cited on this issue is British Columbia v Henfrey Samson Belair Ltd. (1989), 59 DLR (4th) 726 (SCC)(«Samson»), where the Court determined that if the property deemed to be in trust by the province under the Social Service Tax Act (RSBC 1979, c 388) formed a true trust at common law, then the property would be exempt from distribution, thereby affirming the provision in the BIA.

Under s. 81.3 of the Bankruptcy and Insolvency Act (BIA), employees of a bankrupt employer had security for wage claims up to $ 2,000 that ranked in priority against current assets above every other claim.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

However, under the Bankruptcy and Insolvency Act («BIA»), employees are often barred from fully recovering what they are owed.

The central issues in this motion were two part: 1) whether the defendant was in violation of section 8 of the Construction Lies Act («CLA)»); and 2) whether any such liability should survive a discharge order under the Bankruptcy and Insolvency Act («BIA»).

(«SFSA»), took the position Lemare Lake first had to comply with Part II of the SFSA before seeking the appointment of a receiver under s. 243 (1) of the BIA.

I confess I only read the summaries and had a quick look at the CA decision, but I agree that the potential implications for the reach of BIA «property» and also PPSA intangible «personal property» make the case of interest and import beyond the coasts, that is, in terms of rights under other types of licences.

The judge in that case lifted the stay of proceedings on the basis that, regardless of whether the claim based on videotaping would survive the bankruptcy, it was connected to the sexual assault claim and, «it is clear that the claim for sexual assault would, under s. 178 (1)[of the BIA] survive a discharge of bankruptcy»: Lundahl v. Poilievre, 2013 BCSC 1628.

The question must be addressed in additional argument before the panel, specifically on the following issue: Whether and under what circumstances and limitations (including the ones enumerated above) a Superior Court judge has jurisdiction to extinguish a third party's interest in land using a vesting order, under s. 100 of the CJA and s. 243 of the BIA, where s. 65.13 (7) of the BIA; s. 36 (6) of the CCAA; ss.

The current appeal is in relation to a subsequent motion brought by the father for an order annulling the bankruptcy or, alternatively, lifting the stay under s. 69.4 of the Bankruptcy and Insolvency Act (the «BIA»), and authorizing the father to continue his enforcement of the costs award against the mother's registered assets.