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ARTICLE · 28 JULY 2016

Alberta Energy Regulator's Interpretation Of Redwater Decision Rejected

McCarthy Tétrault
McCarthy Tétrault
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McCarthy Tétrault

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The long-running conflict between insolvency professionals and the Alberta Energy Regulator (AER) that was (temporarily) clarified by the Court of Queen's Bench of Alberta decision in Redwater Energy Corp. was previously analyzed in a blog post here.

CanadaInsolvency/Bankruptcy/Re-Structuring

The long-running conflict between insolvency professionals and the Alberta Energy Regulator (AER) that was (temporarily) clarified by the Court of Queen's Bench of Alberta decision in Redwater Energy Corp. was  previously analyzed in a blog post here.  The decision in Redwater confirmed (for the time being and subject to ongoing appeal proceedings) that a receiver is entitled to disclaim a debtor's interest in a portion of the debtor's AER licensed properties, including licensed properties and facilities that have negative value due to the fact of abandonment and reclamation obligations, and to thereafter vend the assets that the receiver remained in possession and control of.

Subsequent to the decision in Redwater, the Court of Queen's Bench of Alberta issued receivership orders in Northpoint Resources Ltd. and LGX Oil + Gas Inc. that altered paragraph 3(a) of the template receivership order on account of the Redwater decision.   Paragraph 3(a) of the template

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