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    Alberta Court of Queen’s Bench Permits Enforcement Against Insolvent Operator
    2018-03-07

    In a recent decision that is relevant to oil and gas receiverships, the Alberta Court of Queen’s Bench lifted a stay of proceedings against an insolvent operator to allow the non-operating party to enforce its right to take over operatorship pursuant to the CAPL 2007 Operating Procedure.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Deemed Trust for Unremitted Withholdings Trumps Interim Financing Charge in Recent Nova Scotia Supreme Court Decision
    2017-08-31

    In the recent decision of Rosedale Farms Limited, Hassett Holdings Inc., Resurgam Resources (Re) (“Rosedale”), the Supreme Court of Nova Scotia held that a deemed trust for unremitted withholdings under sections 227(4)

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy and Insolvency Act 1985 (Canada), Canada Revenue Agency
    Authors:
    Audrey Bouffard-Nesbitt
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Alberta Court clarifies ranking of linear property tax claims
    2017-07-28

    A recent unreported decision in the Alberta Court of Queen’s Bench has clarified the ranking of certain municipal tax claims against a bankrupt in Alberta. In Bank of Nova Scotia et al v. Virginia Hills Oil Corp.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Real Estate, McCarthy Tétrault LLP, Bankruptcy, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Court of Appeal upholds Redwater decision
    2017-04-25

    In a majority two to one decision released on April 24, 2017, the Alberta Court of Appeal has upheld the lower court ruling in Re Redwater Energy Corporation.

    Filed under:
    Canada, Alberta, Environment & Climate Change, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy and Insolvency Act 1985 (Canada), Alberta Energy Regulator, Court of Appeal of Alberta
    Authors:
    Sean F. Collins , Walker W. MacLeod , Pantelis Kyriakakis
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Success Fees and Super-Priority Charges in CCAA Proceedings
    2017-03-09

    The restructuring of Sanjel Corporation and its affiliates (previously discussed here) continues to provide interesting developments on the application and interpretation of the Companies’ Creditors Arrangement Act.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Debtor
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    The pre-filing sales process in CCAA proceedings
    2016-10-31

    In a previous post we discussed how the Court of Queen’s Bench of Alberta recently authorized a sale transaction after being satisfied with the appropriateness of a sales process that was undertaken prior to the issuance of the receivership order.

    Filed under:
    Canada, Alberta, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Liquidation, Companies' Creditors Arrangement Act 1933 (Canada)
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Pre-packaged sale transaction authorized in Alberta receivership proceeding
    2016-09-27

    In the recent unreported decision of Alberta Treasury Branches v. Northpine Energy Ltd., the Court of Queen’s Bench of Alberta authorized a disposition of a debtor’s assets by a receiver immediately upon appointment and without being forced to conduct a marketing process within the receivership proceedings.

    Filed under:
    Canada, Alberta, Banking, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Alberta Energy Regulator’s interpretation of Redwater decision rejected
    2016-07-25

    The long-running conflict between insolvency professionals and the Alberta Energy Regulator (AER) that was (temporarily) clarified by the Court of Queen’s Bench of Alberta decision in Redwater Energy Corp. was previously analyzed in a blog post

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy and Insolvency Act 1985 (Canada), Alberta Energy Regulator
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Pick and Choose: Federal insolvency law takes precedence over Provincial legislative scheme governing the Alberta Energy Regulator
    2016-05-24

    On May 18, 2016, the Court of Queen’s Bench of Alberta released its much anticipated decision in Re Redwater Energy Corporation, 2016 ABQB 278, which addressed the Oil and Gas Conservation Act (OGCA), the Pipeline Act and the 

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Real Estate, McCarthy Tétrault LLP, Bankruptcy and Insolvency Act 1985 (Canada), Alberta Energy Regulator, Trustee
    Authors:
    Sean F. Collins , Walker W. MacLeod , Kimberly J. Howard
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Franchise agreements may be assigned to another franchisee without consent upon bankruptcy
    2011-06-16

    A recent Alberta appellate decision establishes that a trustee in bankruptcy may sell a franchise agreement to a third party, in spite of objections by the franchisor, under the Bankruptcy and Insolvency Act (BIA). The Alberta Court of Appeal’s decision in Ford Motor Company of Canada Ltd v Welcome Ford Sales Ltd contains three important messages for franchisors:

    Filed under:
    Canada, Alberta, Franchising, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Consent, Legal burden of proof, Bankruptcy and Insolvency Act 1985 (Canada), United States bankruptcy court, Court of Appeal of Alberta, Trustee
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP

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