10 Davies | dwpv.com A Snapshot of Leave Applications to the Supreme Court of Canada The active and increased business insolvency in 2023 was matched by the insolvency activity in the form of leave applications to the Supreme Court of Canada. In the period between April 2021 and December 2023, 11 insolvency-related applications for leave were filed before the Supreme Court of Canada. Out of these 11 cases, four were granted leave and five were dismissed, while two are still pending. The leave applications cover a range of legal issues that intersect with insolvency, including the corporate attribution doctrine, “template” initial orders, tolling orders, duties and liabilities of bankruptcy trustees, the types of debts not included in a bankruptcy discharge, reverse vesting orders and third-party releases, limitations of the Indian Act on receiverships over on-reserve property, the relationship between a pre-filing and a post-filing claim under tax legislation, the treatment of student loan debt and the super-priority status of environmental claims. The average time between filing a leave application and a decision on the leave application was approximately eight months where the leave was granted and seven months where the application was dismissed. We will report further on notable developments in these decisions in a future issue. As we move into 2024, with global economic uncertainty persisting, we will continue to provide data-driven insolvency insights based on our deep analysis of current and historical data. We also look forward to continuing to give meaning to notable case law developments in the context of our detailed data analysis.
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