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    Court of Appeal summaries (January 15 - January 19)
    2024-01-20

    Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 15, 2024.

    Filed under:
    Canada, USA, Ontario, Banking, Company & Commercial, Derivatives, Family, Insolvency & Restructuring, Litigation, Real Estate, Blaney McMurtry LLP, Due diligence, Barclays, Commodity Futures Trading Commission (USA), FERC, HSBC, Bank of Nova Scotia, Competition Act 1985 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos , Ines Ferreira
    Location:
    Canada, USA
    Firm:
    Blaney McMurtry 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
    Corporate Attribution in Insolvency: Recent Developments in Aquino and Golden Oaks
    2023-11-20

    Introduction

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Insolvency, Supreme Court of Canada
    Authors:
    Daniel Loberto
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP
    Redwater Reigns: SKCA Affirms Redwater's Applicability After Failed CCAA
    2023-11-03

    The Saskatchewan Court of Appeal has confirmed that the Supreme Court of Canada’s decision in Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5 [Redwater], applies in Saskatchewan. The Court of Appeal also affirmed that orders made in failed proceedings in Alberta under the Companies’ Creditors Arrangement Act (CCCA) did not have effect in subsequent receivership proceedings in Saskatchewan.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Bennett Jones LLP, Supreme Court of Canada
    Authors:
    Keely Cameron , Adam J. Williams , Marina Ferguson
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Update! Court Ordered Charges can also prime Crown Claims in BIA matters
    2023-11-01

    Recent teachings of the Supreme Court of Canada court in Canada v Canada North Group Inc., 2021 SCC 30 [Canada North] had confirmed that the Companies’ Creditors Arrangement Act (‘CCAA’) courts could grant super-priority charges (e.g. interim financing, administration charge, or directors’ and officers’ charges) ranking in priority to s.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McMillan LLP, Supreme Court of Canada
    Authors:
    Sarah White , Émile Catimel-Marchand , Waël Rostom
    Location:
    Canada
    Firm:
    McMillan LLP
    Court-ordered charges under the Bankruptcy and Insolvency Act may rank before deemed trusts
    2023-10-20

    On October 18, 2023, the Québec Court of Appeal confirmed the Superior Court’s authority to declare that court-ordered charges under the Bankruptcy and Insolvency Act (BIA) rank before deemed trusts in favour of the Crown for deductions at source.

    Filed under:
    Canada, Quebec, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Supreme Court of Canada
    Authors:
    Hugo Babos-Marchand , Gabriel Faure , Frederique Drainville
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Supreme Court of Canada Dismisses Leave-on-Leave in Mantle Materials Group: The Priority of Environmental Obligations Extends Beyond the Oil & Gas Industry
    2024-06-05

    In late May, the Supreme Court of Canada (the SCC) denied an application for leave to appeal a decision of the Court of Appeal of Alberta (the ABCA), which, in turn, had denied leave to appeal of the decision of the Court of King’s Bench of Alberta (the ABKB) in Re Mantle Materials Group, Ltd, 2023 ABKB 488 (Mantle KB).

    Filed under:
    Canada, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Bennett Jones LLP, Supreme Court of Canada, Court of Appeal of Alberta
    Authors:
    Kelsey J. Meyer , Keely Cameron , Denise D. Bright , Sarah Aaron
    Location:
    Canada
    Firm:
    Bennett Jones 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
    Environmental obligations in insolvency proceedings: appeal succeeds in Alberta’s top court
    2024-05-24

    FOLLOWING OUR PREVIOUS ARTICLES ON THE QUALEX-LANDMARK TOWERS INC V 12-10 CAPITAL CORP CASE BEING HEARD IN THE ALBERTA COURTS, 12-10 CAPITAL CORP HAS NOW BEEN APPEALED SUCCESSFULLY IN THE COURT OF APPEAL OF ALBERTA, WHICH RELEASED IT’S DECISION EARLIER LAST MONTH. BEALE & CO PROVIDES AN UPDATE AND FURTHER COMMENTARY ON THE LATEST DEVELOPMENT OF THIS ENVIRONMENTAL CASE.

    Filed under:
    Canada, United Kingdom, Environment & Climate Change, Insolvency & Restructuring, Litigation, Beale & Co, Supreme Court of Canada, Court of Appeal of Alberta
    Authors:
    Michael Salau , Kevin Henderson
    Location:
    Canada, United Kingdom
    Firm:
    Beale & Co
    Canadian Insolvency: Case Law, Trends and Shifts in 2023
    2024-04-17

    Several significant judicial decisions and legislative updates occurred in 2023 that are relevant to commercial lenders, businesses and restructuring professionals. This bulletin summarizes the key developments of 2023 and highlights areas of significance to be aware of in 2024.

    1. Priority Scheme

    In 2023, several cases and legislative updates raised important questions regarding the priority scheme in insolvency proceedings.

    Environmental Priorities

    Filed under:
    Canada, Ontario, Capital Markets, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Supreme Court of Canada, Ontario Superior Court of Justice, Court of Appeal of Alberta, British Columbia Supreme Court
    Authors:
    Linc Rogers , Kelly Bourassa , Caitlin McIntyre
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP

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