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    Alberta Court of Appeal Grants Intervener Status to Four Participants in Appeal of Re Redwater Energy Corp.
    2016-08-18

    The much-debated and closely-monitored Re Redwater Energy Corp.

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Natural gas, Common law, Alberta Energy Regulator, Court of Appeal of England & Wales, Supreme Court of Canada, Court of Appeal of Alberta
    Authors:
    Matti Lemmens
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Shifting Environmental Liabilities after the Redwater Decision
    2016-05-27

    Summary

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Environmental remediation, Liability (financial accounting), Alberta Energy Regulator
    Authors:
    Matti Lemmens
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Where do we go from here? Alberta Court approves renouncement of AER-licensed assets by Trustees and Receivers to avoid monetary environmental obligations
    2016-05-27

    The Alberta Court of Queen’s Bench has released its highly anticipated decision in Redwater Energy Corporation (Re), 2016 ABQB 278 (“Redwater”).

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Chidinma B. Thompson , Miles Pittman
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    End of the Road: The Supreme Court of Canada Denies Leave to Appeal in Iona Contractors Ltd. v Guarantee Company of North America
    2016-04-14

    The Supreme Court of Canada today released its highly anticipated decision in Iona Contractors Ltd. v Guarantee Company of North America, 2015 ABCA 240 dismissing the application for leave to appeal by the Trustee in Bankruptcy (the "Trustee") of the bankrupt, Iona Contractors Inc. ("Iona").

    Filed under:
    Canada, Alberta, Construction, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Supreme Court of Canada, Court of Appeal of Alberta
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    2015 in Review: Top 10 Judicial Decisions of Import to the Canadian Oil and Gas Industry
    2016-01-08

    Last year’s list of the top ten judicial decisions of import to the Canadian Oil and Gas Industry (found here) illustrated that 2014 was a high-water mark for important judicial decisions affecting the oil and gas industry.  In 2015, we have seen several of the key 2014 cases applied, confirmed or addressed, in particular in relation to Aboriginal title, contract interpr

    Filed under:
    Canada, Ontario, British Columbia, Alberta, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Real Estate, Borden Ladner Gervais LLP
    Authors:
    Alan Ross , Karen A. Salmon , Rick Williams
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Limits of Relief for Lessors under the Surface Rights Act when an Operator has been Assigned into Bankruptcy
    2015-12-22

    This Fall the Alberta Surface Rights Board (the “Board”) Panel issued its decision in Lemke v Petroglobe Inc, 2015 ABSRB 740. The Panel decided that it did not have authority to proceed with a claim by a landowner for unpaid compensation that had accrued before the date that the operator was assigned into bankruptcy.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Real Estate, Borden Ladner Gervais LLP, Bankruptcy, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Michael A. Marion
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Alberta Court of Queen’s Bench rules that end-of-life environmental obligations are not always first in priority, in contrast to the landmark Redwater decision
    2021-04-29

    The recent decision of Justice B.E.

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Sean F. Collins , Walker W. MacLeod , Nathan Stewart
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Alberta Court of Appeal confirms super-priority status of restructuring charges
    2019-09-04

    The ongoing priority dispute between deemed trusts created under federal “fiscal statutes” (being the Income Tax Act, the Canada Pension Plan Act and the Employment Insurance Act) and priming charges arising under restructuring and insolvency legislatio

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Alberta Court of Appeal overturns lower court decision in Reid-Built
    2019-06-07

    In a 2018 judgment discussed here, the Alberta Court of Queen’s Bench held that, by virtue of s.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Alberta Court of Appeal confirms municipal taxes on linear property constitute unsecured claims
    2019-05-15

    The Alberta Court of Appeal recently upheld an unreported decision of the Court of Queen’s Bench that unpaid taxes on linear property (which were pipelines and associated facilities in the case at bar) formed only unsecured claims against the debtors.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Real Estate, Tax, McCarthy Tétrault LLP
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP

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