Super-Priority for Environmental Liabilities in Insolvencies - A Comment on the Supreme Court of Canada’s Decision in Redwater

On January 31, 2019, the Supreme Court of Canada released its landmark decision in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 ("Redwater").

Filed under:
Canada, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada), Alberta Energy Regulator, Supreme Court of Canada
Authors:
Josef G. A. Kruger , Robyn Gurofsky , Jack Maslen , Jessica Cameron
Location:
Canada
Firm:
Borden Ladner Gervais LLP
Gross Overriding Royalty as Interest in Land - the Clear Language Conundrum Continues

In 2002 the Supreme Court of Canada, in Bank of Montreal v Dynex Petroleum Ltd, 2002 SCC 7 (Dynex) affirmed that gross overriding royalty interests (GOR) could constitute interest in land provided the parties so intended and that intention was sufficiently evidenced in an agreement.

Filed under:
Canada, Ontario, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Supreme Court of Canada, Court of Appeal for Ontario, Ontario Superior Court of Justice
Authors:
Chidinma B. Thompson , Josef G. A. Kruger
Location:
Canada
Firm:
Borden Ladner Gervais LLP
Alberta Courts Confirm Restructuring Transactions with Select Creditors Not Oppressive and Comment on Availability of the Oppression Remedy in CCAA Proceedings

​In Re Lightstream Resources Ltd, 2016 ABQB 665 (Lightstream), the Court of Queen’s Bench of Alberta (Court) confirmed that it had jurisdiction to remedy oppressive conduct while a business is restructuring under the Companies’ Creditors Arrangement Act (CCAA). The decision also provides insight as to when a court might exercise its equitable jurisdiction to remedy oppressive conduct in a CCAA proceeding.

Background

Filed under:
Canada, Alberta, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Companies' Creditors Arrangement Act 1933 (Canada), Court of Appeal of Alberta
Authors:
Josef G. A. Kruger , Matti Lemmens
Location:
Canada
Firm:
Borden Ladner Gervais LLP