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Corporate minds do not all think alike: The Supreme Court affirms a purposive approach to the corporate attribution doctrine

Two recent Supreme Court of Canada decisions demonstrate that the corporate attribution doctrine is not a one-size-fits-all approach.

Canada, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Supreme Court of Canada
There’s Something About (Hail) Mary: Appeals of Sale Processes and Pre-Receivership Sale Agreements

Court approval of a sale process in receivership or Bankruptcy and Insolvency Act (“BIA”) proposal proceedings is generally a procedural order and objectors do not have an appeal as of right; they must seek leave and meet a high test in order obtain it. However, in Peakhill Capital Inc. v.

Canada, Ontario, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP
Court Confirms that Priority of Receivers’ Charges is Discretionary

Justice R. Graesser of the Court of Queen’s Bench of Alberta (Court) recently released his decision in Royal Bank of Canada v.Reid-Built Homes Ltd. (Decision), where he held that the Court has the discretion, but not the obligation, to grant a super priority for receivers’ fees and disbursements ahead of the claims of secured creditors.

Canada, Alberta, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Royal Bank of Canada, Bankruptcy and Insolvency Act 1985 (Canada)
Update: Court of Appeal Affirms Unconstitutionality of Alberta’s Oil and Gas Licensing Regime

On April 24, 2017, in Orphan Well Association v.Grant Thornton Limited, the Alberta Court of Appeal (Court) upheld Chief Justice N.

Canada, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Bankruptcy, Alberta Energy Regulator, Court of Appeal of Alberta