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    Appeal Dismissed: Decision of the Alberta Court of Appeal in Re Redwater Confirms Paramountcy of BIA
    2017-04-25

    The Alberta Court of Appeal has dismissed the appeal brought by the Alberta Energy Regulator and the Orphan Well Association from the decision of the Court of Queen’s Bench of Alberta in Re Redwater Energy Corporation. A majority of the panel held that the provisions of the provincial legislation governing certain actions of licensees of oil and gas assets do not apply to receivers and trustees in bankruptcy of insolvent companies, given the paramountcy of the Bankruptcy and Insolvency Act over provincial legislation where the governing provisions conflict.

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, Litigation, McMillan LLP, Alberta Energy Regulator, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of Alberta
    Authors:
    Adam C. Maerov , Kourtney Rylands
    Location:
    Canada
    Firm:
    McMillan 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, Alberta Energy Regulator, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of Alberta
    Authors:
    Sean F. Collins , Walker W. MacLeod , Pantelis Kyriakakis
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    "Alberta, Alberta, You’re Still on My Mind"
    2017-04-25

    Last year we reported (here) that Alberta’s Redwater Energy Corporation decision signaled good news for lenders and noteholders secured by Alberta O&G assets because the federal Canadian Bankruptcy and Insolvency Act (“BIA”) prevailed over conflicting provisions in the provincial regulations promulgated by the Alberta Energy Regulator (“AER”).

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Bracewell LLP, Environmental remediation, Bankruptcy, Alberta Energy Regulator, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of Alberta
    Location:
    Canada
    Firm:
    Bracewell LLP
    What Are the Implications for Boards of Directors in Light of the Redwater Decision?
    2017-02-14

    From the public policy standpoint, there has been a shift towards more environmental stewardship in Canada, evidenced by heightened media attention on environmental issues and by an expanded legal framework relating to the management of environmental liabilities. For example, directors may be personally liable for violation of environmental statutes1 and may face reputational harm if the corporations they manage are found to have breached environmental rules or norms.

    Filed under:
    Canada, Company & Commercial, Energy & Natural Resources, Insolvency & Restructuring, Borden Ladner Gervais LLP, Board of directors, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Beth Reimer-Heck
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Supreme Court of Canada Bulletin
    2017-02-16

    APPLICATIONS FOR LEAVE TO APPEAL DISMISSED

    37268

    Joseph Palazzo v. Standard Life Assurance Company of Canada

    (Que.)

    Civil Procedure – Appeal – Prescription

    The Applicant was an employee of the Respondent from 1968 to 2009. In 1980, the Applicant began selling life insurance and investment products of the Respondent until his retirement on May 1, 2009. During his employment as a sales representative, the Applicant was paid on a commission basis only.

    Filed under:
    Canada, Crime, Employment & Labor, Family, Insolvency & Restructuring, Legal Practice, Litigation, Professional Negligence, Public, Gowling WLG, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Graham S. Ragan , Brian A. Crane, K.C.
    Location:
    Canada
    Firm:
    Gowling WLG
    Builders lien trusts in a bankruptcy
    2017-03-13

    Background

    In 2009, the Calgary Airport Authority (CAA) entered into a construction agreement with Iona Contractors Ltd. for Iona to improve CAA’s north airfield. By October 2010, the work was substantially complete; however CAA withheld further payment to Iona on the basis that some of Iona’s subcontractors remained unpaid. Iona assigned into bankruptcy and a dispute arose over the entitlement to the withheld amounts (the Funds).

    Filed under:
    Canada, Aviation, Construction, Insolvency & Restructuring, Dentons, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of Alberta
    Authors:
    Dennis R. Schmidt , Dennis L. Picco,
    Location:
    Canada
    Firm:
    Dentons
    Chambre de la sécurité financière v. Thibault 2016 QCCA 1691
    2016-12-14

    Does a fine imposed on a debtor by the disciplinary committee of the Chambre de la sécurité financière after the date of the debtor's bankruptcy constitute a provable claim pursuant to section 121(1) of the Bankruptcy and Insolvency Act (the "BIA")?

    Introduction

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Bankruptcy discharge, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Kevin Mailloux , Laura Paglia , Roger Jaipargas , John Blair
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    BC Supreme Court Subordinates Related Party’s Claims
    2017-02-03

    On January 25, 2017, the British Columbia Supreme Court rendered its decision in Tudor Sales Ltd. (Re), 2017 BCSC 119.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Shareholder, Debt, Unsecured creditor, Bankruptcy and Insolvency Act 1985 (Canada), British Columbia Supreme Court
    Authors:
    Warren B. Milman , Kate Macdonald
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    IP Licence Provided Contractual Right, Not a Property Right in the Asset
    2016-10-12

    Golden Opportunities Fund Inc v Phenomenome Discoveries Inc, 2016 SKQB 306

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, Litigation, Borden Ladner Gervais LLP, Health Canada, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Adrian J. Howard , Beverley Moore
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Courts give the green light for fraud-based class actions in Canadian insolvency proceedings
    2016-10-20

    Both of Canada’s primary insolvency statutes, the Bankruptcy and Insolvency Act (“BIA”) and the Companies’ Creditors Arrangement Act (“CCAA”) provide for an automatic stay of all legal proceedings when an insolvent debtor files for or seeks insolvency protection. The purpose of the stay is to provide breathing space to a debtor attempting to restructure its business so as to avoid “death by a thousand cuts” and also to ensure similarly situated creditors are treated equally.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Shareholder, Debtor, Fraud, Class action, Legal burden of proof, Prejudice, Prima facie, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie

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