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    Court of Appeal of Alberta dismisses application for leave in Bellatrix CCAA proceedings
    2021-03-12

    The Court of Appeal of Alberta issued the latest decision in the Companies’ Creditors Arrangement Act (CCAA) proceedings of Bellatrix Exploration Ltd. (Bellatrix).1

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Companies' Creditors Arrangement Act 1933 (Canada), Court of Appeal of Alberta
    Authors:
    Jessica Cameron , Josef G. A. Kruger , Jack Maslen
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    The Supreme Court of Canada confirms the Regulator’s enforcement powers over bankrupt licensees’ assets in Orphan Well Association v. Grant Thornton Ltd.
    2019-02-04

    On January 31, 2019, the Supreme Court of Canada released its decision in Orphan Well Association v. Grant Thornton Ltd., popularly known as Redwater. In a 5-2 split decision, a majority of the Supreme Court allowed the appeal and held that the Alberta Energy Regulator’s (AER/Regulator) assertion of its statutory enforcement powers over an insolvent licensee’s assets does not create a conflict with the federal Bankruptcy and Insolvency Act (BIA) as to trigger the constitutional doctrine of federal paramountcy.

    Filed under:
    Canada, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada), Alberta Energy Regulator, Supreme Court of Canada
    Authors:
    Chidinma B. Thompson , Josef G. A. Kruger , Miles Pittman
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    (Red)water under the bridge? Court of Appeal upholds right of trustee to disclaim uneconomic assets in the Redwater decision
    2017-04-25

    ​On April 24, 2017, the Alberta Court of Appeal issued a decision in Orphan Well Association v Grant Thornton Limited, 2017 ABCA 124. The decision is arguably the past year’s most hotly anticipated and discussed decision in Alberta, despite involving bankruptcy proceedings of a relatively small junior oil and gas company. The Court of Appeal, in a 2-1 split, upheld the trial judge’s decision that a receiver can disclaim or renounce uneconomic assets that are subject to costly environmental liabilities.

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Environmental remediation, Bankruptcy, Alberta Energy Regulator, Court of Appeal of Alberta
    Authors:
    Matti Lemmens , Chidinma B. Thompson
    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
    Environmental liability in a CCAA proceeding
    2012-12-13

    In Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67, the Supreme Court of Canada was called upon to consider whether orders issued by a regulatory body with respect to environmental remediation work are “provable claims” in a proceeding commenced under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c.C-36 (the “CCAA”).

    Filed under:
    Canada, Environment & Climate Change, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Environmental remediation, Environmental protection, Companies' Creditors Arrangement Act 1933 (Canada), Supreme Court of Canada, Quebec Superior Court
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Supreme Court of Canada: GST deemed trusts are inoperative in CCAA proceedings
    2010-12-23

    On December 16, 2010, the Supreme Court of Canada ( SCC) released its decision in Re Ted Leroy Trucking Ltd. In its decision, the SCC affirmed the importance of the Companies’ Creditors Arrangement Act (CCAA) as a flexible restructuring tool, and clarified the source and limits of the Court’s authority during CCAA proceedings. Furthermore, the Court overruled the judgment of the B.C.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Debtor, Excise, Liquidation, Good faith, Majority opinion, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of England & Wales, Supreme Court of Canada, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Alberta Court of Appeal vindicates trustee in the latest Perpetual Energy decision
    2021-02-10

    In the recent decision in PricewaterhouseCoopers Inc. v Perpetual Energy Inc., 2021 ABCA 16 (Perpetual Energy), the Alberta Court of Appeal has reversed the Honourable Justice D.B. Nixon’s decision, striking out or summarily dismissing claims by PricewaterhouseCoopers Inc. in its capacity as trustee in bankruptcy (the Trustee) of Sequoia Resources Corp. (Perpetual/Sequoia).

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Court of Appeal of Alberta
    Authors:
    Josef G. A. Kruger , Jessica Cameron , Jack Maslen
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Super-Priority for Environmental Liabilities in Insolvencies - A Comment on the Supreme Court of Canada’s Decision in Redwater
    2019-02-04

    On January 31, 2019, the Supreme Court of Canada released its landmark decision in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 ("Redwater").

    Filed under:
    Canada, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy and Insolvency Act 1985 (Canada), Alberta Energy Regulator, Supreme Court of Canada
    Authors:
    Josef G. A. Kruger , Robyn Gurofsky , Jack Maslen , Jessica Cameron
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    UPDATED: Guarantors Can Be Discharged in Bankruptcy Only if the Creditor Caused the Default
    2017-04-20

    ​​​The Court of Appeal of Ontario found in Toronto-Dominion Bank v. Konga that the interpretation of a guarantee is a question of mixed fact and law, entitled to deference on appeal. Further, for a guarantor to obtain a discharge from the guarantee, he must establish that the bank's demand caused the debtor's default.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Bankruptcy discharge
    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

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