Newfoundland And Labrador v. Abitibibowater Inc., 2012 SCC 67

In this politically-charged case, a majority of the Supreme Court of Canada (SCC) determined that environmental remediation orders issued against AbitibiBowater Inc. (Abitibi) in respect of contaminated industrial sites could be stayed and subject to a claims procedure order in the context of creditor protection proceedings under the Companies' Creditors Arrangement Act (CCAA). Although the case did not involve a mining company, it may have more general application if regulators begin seeking increased security in respect of regulatory approvals as a means of ensuring that environmental obligations will be satisfied in the event that a proponent seeks creditor protection.

Abitibi and its affiliated companies were involved in industrial activity in Newfoundland and Labrador for over 100 years, until 2008 when its last mill was closed. In April 2009, Abitibi filed for insolvency protection in the United States and also sought a stay of proceedings under the CCAA in