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  • Article

    Acquisitions In An Insolvency Context: Mandatory Assignment Of Contracts

    Most due diligence processes in a business acquisition context require a review of material contracts and, in particular, a review of any restrictions on assignment of those contracts.
    CanadaCorporate/Commercial Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Canadian Securities Administrators Propose Changes To The Offering Memorandum Prospectus Exemption

    The Canadian Securities Administrators (CSA) recently published for comment proposed amendments to the offering memorandum prospectus exemption...
    CanadaCorporate/Commercial Law
    Goodmans LLP
    Goodmans LLP
Article

Who Has The Say On Pay?

Recent high-profile corporate insolvencies and bailouts, particularly in the United States, have drawn international attention to the executive compensation practices of publicly traded companies.
CanadaCorporate/Commercial Law
Bennett Jones LLP
Bennett Jones LLP
  • Article

    A Pension Plan Deficit Can Put Your Corporate Reorganization Under The Spotlight

    The Superior Court recently authorized a class action in a case that could have a major impact on the way deficits in defined benefit pension plans are dealt with in the context of corporate reorganizations[1].
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Reversal Of Gas Cost Allowances Due To Insolvency On The Rise

    Alberta Energy has increasingly been targeting insolvent lessees and the historical gas cost allowances claimed by those insolvent companies.
    CanadaEnergy and Natural Resources
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Still Waters Run Deep—The Ramifications Of Redwater

    Oil and gas companies are still scrambling to understand exactly how the Supreme Court of Canada's precedent-setting decision
    CanadaEnergy and Natural Resources
    Torys
    Torys
  • Article

    Trident Exploration Corp.: Abandonment And Reclamation Obligations Retain A Super Priority Over Municipal Taxes

    The Alberta Court of King's Bench (the Court) has confirmed that the abandonment and reclamation obligations owed to the Orphan Well Association (OWA)...
    CanadaEnergy and Natural Resources
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Updated Response In PwC Claim Against Perpetual Over Sequoia Transaction

    On Aug. 27, 2018, the Perpetual parties filed statements of defence and applications for summary dismissal.
    CanadaEnergy and Natural Resources
    Gowling WLG
    Gowling WLG
  • Article

    Vesting Order Bars Claims For Unpaid Crown Royalties

    In two companion decisions - Alberta (Energy and Minerals) v Spartan Delta Corp, 2026 ABCA 214 (the Spartan Decision) and Alberta (Energy and Minerals) v Canadian Natural Resources Limited, 2026 ABCA 213 (the CNRL Decision) -  the Court clarified that co-lessees are subject to joint liability for Crown royalties, not joint and several liability, under Alberta's Mines and Minerals Act, RSA 2000, c M-17.
    CanadaEnergy and Natural Resources
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Environmental And Bankruptcy Law Collide: Redwater Energy Corporation

    On April 19, 2016 the Alberta Court of Appeal released its decision in Re: Redwater Energy Corporation. Redwater was an oil and gas developer in Alberta.
    CanadaEnvironment
    Thompson Dorfman Sweatman LLP
    Thompson Dorfman Sweatman LLP
  • Article

    Yukon Zinc: Reining In The Ability To Disclaim Contracts And Priority For Environmental Liabilities

    We previously discussed the Court's decision in Yukon (Government of) v Yukon Zinc Corporation, 2020 YKSC 16, which opened the door to partial termination of agreements in a receivership...
    CanadaEnvironment
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Assistance To Auto Finance Community – Courts Again Consider The Meaning Of The Phrase ‘Brought In' In The Context Of The Personal Property Security Act

    In December, 2016, we reported on the decision in Hughes Re, 2016 ONSC 6832 (Hughes 1), in which the Registrar (the Registrar) of the Ontario Superior Court (the Court) interpreted certain provisions...
    CanadaFinance and Banking
    Cassels
    Cassels
  • Article

    Relevant Factors When Considering An Application To Appoint A Receiver

    In Kasten Energy Inc. v. Shamrock Oil & Gas Ltd., 2013 ABQB 63, the Alberta Court of Queen’s Bench considered the application of Kasten Energy Inc. to appoint a receiver over all of the assets and undertakings of Shamrock Oil & Gas Ltd..
    CanadaFinance and Banking
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Steps In A Power Of Sale

    As a commercial mortgage lender you generally prefer the avoidance of enforcement. However, one must hope for the best and plan for the worst.
    CanadaFinance and Banking
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Alberta And Ontario Courts Reaffirm Enforceability Of Consents To Receiverships

    On October 30, 2024, the Court of King's Bench of Alberta (the "Court") released its decision in ATB Financial v. Mayfield Investments Ltd. Following a series of defaults under a forbearance agreement.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Alberta Court Of Appeal Clarifies PPSA Priorities In Insolvency Sales

    When a professional corporation operates with equipment owned personally by its director, how do secured creditors assert priority over proceeds from a receivership sale...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Asset Sheltering Basics For Business Owners

    The fruits of a business owner's lifetime of hard work can vanish almost instantly with the insolvency of a company.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Gehlen Dabbs
    Gehlen Dabbs
  • Article

    Bona Fide Purchaser For Value Defence Available To Unsecured Creditors: Federal Court Of Appeal Clarifies The Scope Of A Deemed Trust

    In the recent case of The Toronto-Dominion Bank (TD Canada Trust) v. His Majesty the King, 2026 FCA 25...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    CCAA And BIA Amendments To Come Into Force November 1, 2019

    Bill C-971 including certain proposed amendments to the Bankruptcy and Insolvency Act (BIA) and the Companies' Creditors Arrangement Act (CCAA) received Royal Assent on June 21, 2019.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Cassels
    Cassels
  • Article

    Certain Bankruptcy And Insolvency Timelines Extended To June 30 Nationwide Due To COVID-19

    As a result of the unprecedented impact of the COVID-19 pandemic and its containment measures on the Canadian economy and the lives of Canadian citizens, the legislatures and courts have granted wide-ranging relief...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McCarthy Tétrault
    McCarthy Tétrault
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