On January 31, 2019, the Supreme Court of Canada released its decision in Orphan Well Association v. Grant Thornton Ltd., popularly known as Redwater. In a 5-2 split decision, a majority of the Supreme Court allowed the appeal and held that the Alberta Energy Regulator’s (AER/Regulator) assertion of its statutory enforcement powers over an insolvent licensee’s assets does not create a conflict with the federal Bankruptcy and Insolvency Act (BIA) as to trigger the constitutional doctrine of federal paramountcy.
Canada, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Alberta Energy Regulator, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada
Proposed appeal fails to raise broader issues about the intersection of copyright and insolvency law
Canada, Ontario, Copyrights, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Copyright infringement, Court of Appeal for Ontario