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    Alberta Court of Appeal further clarifies the fraudulent misrepresentation exemption under Bankruptcy and Insolvency Act
    2025-02-19

    Canada’s Bankruptcy and Insolvency Act (BIA) is designed to give “honest, but unfortunate debtors” a “fresh start” by automatically staying litigation and dealing with the bankrupt’s debts and liabilities in an orderly fashion. But what if the bankrupt was dishonest? Should they be entitled to have litigation stayed and their debts discharged? The BIA contains tools to address this.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, DLA Piper, Supreme Court of Canada, Court of Appeal of Alberta
    Authors:
    Jordan Deering , Regan Christensen , Logan Maddin
    Location:
    Canada
    Firm:
    DLA Piper
    All the Single Debtors: Court Refuses to Expand Exceptions to the Single Debtor Rule Under Doctrine of Marshalling
    2024-08-20

    Insolvency and Restructuring Bulletin

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Fasken, Debtor, Court of Appeal of Alberta
    Authors:
    Gabrielle Motuz , Katherine Rubin , Jessica Cameron
    Location:
    Canada
    Firm:
    Fasken
    Supreme Court Clarifies Exceptions to Fresh Start Principle in Canadian Bankruptcies
    2024-08-09

    The general rule in bankruptcy is that a debtor receives a “fresh start” and is discharged from prior debts, but this is subject to certain exceptions. Subsection 178(1) of the Bankruptcy and Insolvency Act (BIA) sets out eight classes of debts that are not released by an order of discharge including an exception for debts that arise out of fraud. In Poonian v.

    Filed under:
    Canada, British Columbia, Alberta, Insolvency & Restructuring, Litigation, Baker McKenzie, Alberta Securities Commission, British Columbia Securities Commission, Supreme Court of Canada, Court of Appeal of Alberta, British Columbia Supreme Court
    Authors:
    Michael Nowina , Anton Rizor
    Location:
    Canada
    Firm:
    Baker McKenzie
    Powering Change: Alberta’s Restructured Energy Market (REM)
    2024-03-12

    On March 11, 2024, the Minister of Affordability and Utilities (MUA)

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, McCarthy Tétrault LLP, Carbon neutrality
    Authors:
    Kimberly J. Howard , Reena Goyal , Riley M. Thackray
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    The Regulations Powering Change: Alberta’s Restructured Energy Market
    2024-03-15

    On March 11, 2024, the Alberta Government released two Regulations: the Market Power Mitigation Regulation (MPM Regulation) and the Supply Cushion Regulation (the Supply Cushion Regulat

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, McCarthy Tétrault LLP
    Authors:
    Kimberly J. Howard , Reena Goyal , Riley M. Thackray
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    The Supreme Court of Canada considers whether a debt owed to the British Columbia Securities Commission survives bankruptcy under an exception to the ‘fresh start’ principle
    2023-12-06

    On December 6, 2023, the Supreme Court of Canada heard the appeal of Poonian v British Columbia Securities Commission, 2022 B

    Filed under:
    Canada, British Columbia, Alberta, Capital Markets, Insolvency & Restructuring, Litigation, Dentons, Alberta Securities Commission, British Columbia Securities Commission, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal of Alberta, British Columbia Supreme Court, British Columbia Court of Appeal
    Authors:
    Michael Beeforth , Brandon Barnes Trickett , Raphael T. Eghan
    Location:
    Canada
    Firm:
    Dentons
    Wearing the mantle of environmental obligations: Implications for secured lenders in Canada
    2023-10-23

    In a recent case involving Mantle Materials Group, Ltd. (2023 ABKB 488, “Mantle“), the intersection of environmental obligations and insolvency law in Canada has again come into sharp focus.

    Filed under:
    Canada, Alberta, Environment & Climate Change, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Due diligence
    Authors:
    Tamara Farber , Craig A. Mills
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Alberta Court of King’s Bench warns: think twice before making unfounded claims against receivers
    2024-05-07

    The Court of King’s Bench of Alberta (the Court) recently revisited the stringent boundaries on the types of claims that can be brought against court-appointed officers. The decision in North v Davison, 2024 ABKB 242 (the Decision) highlighted the protective measures that courts employ to safeguard the integrity and function of receivership proceedings against unfounded or speculative claims. In the Decision, the Court struck down a counterclaim against Ernst & Young Inc.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Torys LLP, Receivership
    Authors:
    Kyle Kashuba , Bilal Qureshi
    Location:
    Canada
    Firm:
    Torys LLP
    Lenders Exhale: Qualex overturned on appeal, confirming the application of Redwater
    2024-05-08

    Just over a year ago, the Alberta Court of King’s Bench (“ACKB”) decision in Qualex-Landmark Towers v 12-10 Capital Corp (“Qualex”)[1] extended the application of an environmental regulator’s priority entitlements in bankruptcy and insolvency to civ

    Filed under:
    Canada, Alberta, Company & Commercial, Insolvency & Restructuring, Litigation, McMillan LLP, Mediation, Due diligence, Supreme Court of Canada, Court of Appeal of Alberta
    Authors:
    Talia Gordner , Adam C. Maerov , Ryan Johnson
    Location:
    Canada
    Firm:
    McMillan LLP
    The Not So Royal Treatment: Alberta Court Vests Off Gross Overriding Royalties in Insolvency
    2024-04-17

    Overview

    In the recent decision of Invico Diversified Income Limited Partnership v NewGrange Energy Inc, 2024 ABKB 214 (“NewGrange”), the Alberta Court of King’s Bench clarified when gross overriding royalties (“GOR”) can be vested out of a debtor company’s estate pursuant to a reverse vesting order (“RVO”). The Court allowed GORs to be vested off under the Applicant’s, Invico Diversified Income Limited Partnership (“Invico”), proposed RVO, finding the GORs to be mere contractual rights and not proper interests in land.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Fasken
    Authors:
    Robyn Gurofsky , Jessica Cameron , Anthony Mersich , Kaitlyn Wong
    Location:
    Canada
    Firm:
    Fasken

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