In the context of insolvency and the pursuit of assets, one normally looks to the common law in Canada given Canada’s historic relationship with England and the Commonwealth. However, as practitioners, we should not lose sight of some of the very unique statutory Canadian tools that exist for creditors in the context of the pursuit of assets in a bankruptcy proceeding. This brief paper addresses a couple of very unique Canadian remedies that exist, one not so unique remedy and provides a short commentary on a topic that is more in keeping with the presentation regarding “topping up the estate” in relation to litigation against directors and officers for breaches of duties when a corporation is in the “zone of insolvency”.

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