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    Supreme Court of Canada Bulletin
    2018-09-28

    APPLICATIONS FOR LEAVE TO APPEAL DISMISSED

    37997 St. James No.1 Inc. v. Ed Vanderwindt, Chief Building Official and City of Hamilton (Ont.)

    Municipal law – Heritage properties – Demolition or removal of structure

    Filed under:
    Canada, Arbitration & ADR, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Public, Real Estate, Tax, White Collar Crime, Wills & Probate, Gowling WLG, Supreme Court of Canada
    Location:
    Canada
    Firm:
    Gowling WLG
    Supreme Court of Canada Bulletin - November 9, 2017
    2017-11-09

    Today the Supreme Court of Canada granted the Orphan Well Association and Alberta Energy Regulator leave to appeal the Alberta Court of Appeal’s closely watched decision in Orphan Well Association v. Grant Thornton Limited (2017 ABCA 124), which is also known as Redwater.

    Filed under:
    Canada, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada
    Location:
    Canada
    Firm:
    Gowling WLG
    Supreme Court of Canada Bulletin - October 5, 2017
    2017-10-05

    APPLICATIONS FOR LEAVE TO APPEAL DISMISSED

    37656

    Norris Barens v. Her Majesty the Queen (B.C.)

    Canadian Charter of Rights and Freedoms – Constitutional law – Mobility rights

    The applicant was convicted of driving without a licence contrary to s. 24(1) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318.

    Filed under:
    Canada, Crime, Insolvency & Restructuring, Litigation, Gowling WLG, Canadian Charter of Rights and Freedoms, Supreme Court of Canada, British Columbia Supreme Court
    Location:
    Canada
    Firm:
    Gowling WLG
    Indalex two years later: underfunded pension liabilities in the financing context
    2014-12-23

    It’s been almost two years since the Supreme Court of Canada (SCC) decision in Indalex Ltd., Re.1 Currently, Canada’s lower courts are being challenged to interpret the decision in a variety of different contexts. The purpose of this article is to review the Indalex decision within the broader context of pre- and post-Indalex case law and to briefly comment on its impact in the lending marketplace. 

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Gowling WLG, Defined benefit pension plan, Supreme Court of Canada
    Location:
    Canada
    Firm:
    Gowling WLG
    Security on commercial licences: developments since the Saulnier case
    2012-06-27

    In 2008, the Supreme Court of Canada ruled in Saulnier5 that a commercial fishing licence constitutes ‘property’ within the context of the Bankruptcy and Insolvency Act (“BIA”) and the Nova Scotia PPSA6, thereby allowing the trustee in bankruptcy to seize the licence from the bankrupt.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Supreme Court of Canada, Trustee
    Location:
    Canada
    Firm:
    Gowling WLG
    British Columbia: broader scope for the wages priority claim
    2010-09-28

    Lenders should be aware that a broad definition of “wages” owing to employees of a borrower/customer in bankruptcy or receivership can take priority over what a lender might otherwise believe is its “first ranking charge” against the borrower.

    Filed under:
    Canada, British Columbia, Banking, Employment & Labor, Insolvency & Restructuring, Gowling WLG, Wage, Bankruptcy, Debtor, Health insurance, Unemployment benefits, Secured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada
    Authors:
    Mike Todd
    Location:
    Canada
    Firm:
    Gowling WLG
    Supreme Court of Canada settles Excise Tax Act priorities in CCAA action
    2011-02-08

    MARY BUTTERY WINS IMPORTANT CASE FOR CENTURY SERVICES INC.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, DLA Piper, Bankruptcy, Debtor, Excise, Unemployment benefits, Secured creditor, Goods and services tax (Canada), Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada
    Location:
    Canada
    Firm:
    DLA Piper
    Supreme Court of Canada decision in “Redwater” clarifies the landscape for oil and gas industry in Alberta
    2019-02-01

    On January 31, 2019, the Supreme Court of Canada released its much-anticipated decision in Orphan Well Association et al. v. Grant Thornton Limited et al., 2019 SCC 5, commonly referred to as “Redwater”. Specifically, Redwater clarifies the priority as between environmental obligations and those afforded to secured creditors in insolvency proceedings.

    Filed under:
    Canada, Energy & Natural Resources, Insolvency & Restructuring, Litigation, DLA Piper, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal of Alberta
    Location:
    Canada
    Firm:
    DLA Piper
    Supreme Court of Canada decision in “Redwater” clarifies the landscape for oil and gas industry in Alberta
    2019-02-01

    On January 31, 2019, the Supreme Court of Canada released its much-anticipated decision in Orphan Well Association et al. v. Grant Thornton Limited et al., 2019 SCC 5, commonly referred to as “Redwater”. Specifically, Redwater clarifies the priority as between environmental obligations and those afforded to secured creditors in insolvency proceedings.

    Filed under:
    Canada, Energy & Natural Resources, Insolvency & Restructuring, Litigation, DLA Piper, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal of Alberta
    Authors:
    Carole J. Hunter , Ryan Algar
    Location:
    Canada
    Firm:
    DLA Piper
    Northstar Aerospace settles with the Ministry of the Environment for $4.75 million
    2013-11-15

    On October 28th, 2013 the Ministry of the Environment (“MOE”) and the former directors and officers of Northstar Aerospace Canada (“Northstar”) reached a $4.75 million settlement for the remediation of a property owned by Northstar in Cambridge, Ontario.

    Filed under:
    Canada, Ontario, Environment & Climate Change, Insolvency & Restructuring, Litigation, DLA Piper, Contamination, Environmental remediation, Supreme Court of Canada
    Location:
    Canada
    Firm:
    DLA Piper

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