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Third time's a charm for Alberta regulator: How the SCC decision in Redwater could change the role of environmental orders in Ontario insolvency proceedings

1. Introduction

Canada, Alberta, Environment & Climate Change, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal of Alberta
Appearances Can Be Deceiving: A Re-Characterization of a Secured Creditor’s Debt Claim as an Equity Contribution

In a recent decision[1], the British Columbia Supreme Court (the “Court”) determined that purported secured loans made by a shareholder were properly characterized as equity contributions to the subject company and therefore subordinate to the claims of the company’s creditors.

Canada, British Columbia, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Secured creditor, British Columbia Supreme Court
A reminder: Requirement for a receiver to pay occupation rent

The recent decision of the Ontario Court of Appeal in Crate Marine Sales 1serves as a reminder regarding the trigger for the obligation of a court appointed receiver to pay occupation rent.

Canada, Ontario, Insolvency & Restructuring, Litigation, Real Estate, Gowling WLG, Court of Appeal for Ontario