DOING BUSINESS IN ALBERTA
November 2013
© Davis LLP 2013 i
TABLE OF CONTENTS
A. INTRODUCTION .............................................................................................................................. 1
B. GOVERNMENT AND LEGAL SYSTEM ......................................................................................... 1
C. TYPES OF BUSINESS ORGANIZATION ....................................................................................... 2
In the recent decision of the Alberta Court of Appeal in Orion Industries Ltd. (Trustee of) v Neil's General Contracting Ltd.1("Orion Industries") the Court interpreted and applied the rule added as part of the 2009 amendments to section 95(2) of theBankruptcy and Insolvency Act ("BIA") which deals with preferential payments. That amendment provides that evidence of pressure by a creditor is inadmissible to support a preferential payment.
The Status of Pension Benefits Standards Act, 1985 and Pooled Registered Pension Plans Act Deemed Trust Claims in Insolvency1
In a November 20,2013 decision in the Companies Creditors’ Arrangement Act (the “CCAA”) proceedings of Aveos Fleet Performance Inc. and Aero Technical US, Inc.
Chapter 11
and CCAA
» A Cross-Border Comparison
On October 3, 2013, the Court of Appeal for Ontario issued two significant decisions1 on the interplay between provincial environmental remediation and federal insolvency orders. The cases are of interest to environmental and insolvency lawyers across Canada. They are equally of interest to taxpayers who foot remediation costs shifted through insolvency.
Background
The recent decision of the Ontario Court of Appeal in msi Spergel Inc. v. I.F. Propco Holdings (Ontario) 36 Ltd., 2013 ONCA 550 (“msi Spergel”) confirms that the Court will not suspend, extend or otherwise vary the general two-year limitation period under the Limitations Act, 2002 (the “Limitations Act”) unless there is express statutory authority to do so.
A Canadian on-line dating site, PlentyofFish, wanted to purchase the bankrupt site True.com but the Texas Attorney General filed a petition to block the marriage on the ground that the transfer of the private personal information of millions of people who had used True.com would potentially violate the Texas Deceptive Trade Practices Act. Which made us think: Is a corporation’s violation of its customers’ personal privacy covered by insurance?
Upon the filing of an appeal of a bankruptcy order, that order is stayed pursuant to section 195 of the Bankruptcy and Insolvency Act (“BIA”). In Msi Spergel v. I.F. Propco Holdings (Ontario) 36 Ltd., 2013 ONCA 550, the Ontario Court of Appeal had to decide whether that stay suspends the limitation period applicable to a motion by a trustee to set aside a preferential payment by a bankrupt under s. 95 of the BIA.