Vern DaRe's practice focuses exclusively on bankruptcy and insolvency law and creditor and debtor rights. He has a broad range of experience which includes advising and appearing in court on behalf of receivers, trustees, monitors, secured creditors, landlords, equipment lessors, unsecured creditors and debtors in commercial reorganization, receivership, bankruptcy, liquidation and enforcement proceedings. Before joining Fogler, Rubinoff LLP, Vern practised at major law firms and insolvency boutiques in Halifax and Toronto. He was also legal counsel with the Manitoba Law Reform Commission and prior to private practice clerked with the Chief Justice of the Italian Constitutional Court.
OCTOBER 02 2020
A Primer on CRA’s Collection Powers and its Effect on Secured and Unsecured Creditors
The Canada Revenue Agency (“CRA”) has several collection powers under the Income Tax Act(“ITA”) and the Excise Tax Act (“ETA”) to ensure the remittance of taxes. When taxes are not remitted, the CRA has an arsenal of collection tools including the deemed trust, garnishment, and certification of tax debts with the Federal Court to obtain a judgment. These remedies have different impacts on secured creditors and unsecured (judgment) creditors. They are also treated differently in a bankruptcy situation, with some of the remedies maintaining Crown priority and others losing priority status. It is important to understand the distinctions between the collection mechanisms and how they operate under the ITA and the ETA in order to advise secured and unsecured creditors or lenders working with individuals who have a tax debt. This article examines each of the collection mechanisms and attempts to clarify the distinctions between them.
MAY 21 2020
Doing Business in Canada - 2020 Edition
This comprehensive guide provides an overview of the legal framework governing Canadian business operations and outlines key considerations for investing and conducting business in Canada. Find up-to-date information on the following topics:
- Types of Business Organizations
- Directors' Liabilities
- Foreign Investment and Anti-Competition Legislation
- Bankruptcy and Insolvency
- Securities Regulation
- Sales and Transfer Taxes
- Income Taxes
- Customs and Excise Duties
- Intellectual Property
- Investment Incentives
- Immigration Restrictions for Non-Canadians
- Employment Law
- Environmental Law
- Electronic Commerce
- The French Language Requirements in the Province of Quebec
JANUARY 15 2020
The Canadian Cannabis Sector: Financing in Difficult Times
Dire predictions in the media about the "bubble bursting" or the floodgates opening for insolvencies in the Canadian cannabis sector has certainly not been helpful to those cannabis producers seeking financing...
APRIL 21 2017
Honsberger's Bankruptcy in Canada, Fifth Edition
Vern DaRe, is the co-author of Honsberger's Bankruptcy in Canada. The 5th Edition offers a concise, comprehensive description of bankruptcy in general, and the distinctive features of the Canadian system in particular. Not just the law, but also the basis of the law:
- Coverage of both national and international dimensions of bankruptcy law
- Reference to the jurisprudence of other countries as it relates to Canada
- An authoritative explanation of history, constitutional law, comparative law, statutory construction and interpretation
- Precise directions regarding practice and procedure
- Vern writes extensively in the area of bankruptcy and insolvency law, and several of his articles have been cited by the courts. He is co-author with John Honsberger of Bankruptcy in Canada (5th ed.) and Debt Restructuring: Principles and Practice and is also a contributing editor of Falconbridge on Mortgages and O'Brien's Encyclopedia of Forms, chapters "Arrangements with Creditors" and "Bankruptcy and Insolvency".
- Vern is a frequent speaker and author at bankruptcy and insolvency conferences.
- Vern has served on the Board of Governors of Columbus Centre of Toronto and on the Executive of the Ontario Bar Association's Insolvency Law Section.
Awards & Distinctions
- Nominated for the Walter Owen Book Prize in 2011 for the co-authored text, Bankruptcy in Canada Recipient of the Teaching Award of Excellence from Western Law
- University of Toronto, B.A., 1982
- Osgoode Hall Law School, LL.B., 1985
- University of Toronto, LL.M., 1989
- London School of Economics and Political Science, M.Sc. (Economics), 1990
- Oxford University, B.C.L., Dip. in Law, 1993
- Admitted to Ontario Bar (1991) and Nova Scotia Bar (1996)
- Vern was an Adjunct Law Professor for six years at the University of Western Ontario, Faculty of Law, where he taught Corporate Reorganization and Bankruptcy and Insolvency Law. He was also an instructor in the Insolvency Law Section of the Ontario Bar Admission course.
- Formerly on the Board of Directors of Villa Colombo and a participant in the Baycrest Challenge and Juvenile Diabetes Research Foundation Annual Ride.