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  • Article

    Court Of Appeal Summaries (January 2, 2023 – January 6, 2023)

    There were only two short endorsements released by the Court of Appeal for Ontario for the week of January 2, 2023.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Effect Of A BIA Proposal On ABIL Claim

    Two recent Tax Court of Canada cases dealt with ABIL timing issues where a proposal is made under the Bankrupty and Insolvency Act. Both Gaumond v. The Queen (2014 TCC 339) and St.-Hilaire v. The Queen (2014 TCC 336) were decisions under the informal procedure.
    CanadaTax
    Minden Gross LLP
    Minden Gross LLP
  • Article

Limitations On An Auditor's Duty Of Care

When borrowers go insolvent, it is not uncommon for lenders to advance claims against the auditors of the borrower.
CanadaAccounting and Audit
McLennan Ross LLP
McLennan Ross LLP
  • Article

    Competition Bureau Provides Guidance On Approach To Failing Firm Analysis

    On April 29, 2020, the Competition Bureau (Bureau) released a statement outlining its approach to analyzing mergers that involve a "failing firm."
    CanadaAntitrust/Competition Law
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Free From Excise Tax Liability: Court Rules To Permit Director Releases Despite Objection From The CRA

    Further to our previous insight on the decision of Delta 9 Cannabis Inc (Re), 2025 ABKB 52 (Delta 9), the Court of King's Bench of Alberta...
    CanadaCannabis & Hemp
    Cassels
    Cassels
  • Article

    Alberta Court Allows Securities Commission Penalty To Survive Bankruptcy

    On January 17, 2020, Justice Romaine of the Alberta Court of Queen's Bench found that the Alberta Securities Commission's (the "ASC") administrative penalties against Theodor Hennig
    CanadaCorporate/Commercial Law
    DLA Piper UK LLP
    DLA Piper UK LLP
  • Article

    Drafting Eligible Financial Contracts

    All businesses know that one key to profitability is risk management. Particularly in such industries as oil and natural gas, eligible financial contracts have emerged as an invaluable tool to hedge the risk associated with volatile foreign currency exchange, interest rates and commodity prices.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Forfeited Corporate Property: The New Ontario Act & How It Affects Your Corporation

    The common law remedy of distress has become an increasingly difficult remedy for landlords to exercise in response to a tenant default.
    CanadaCorporate/Commercial Law
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Bill C-228 And Defined Benefit Pension Plans

    The Canadian Parliament has enacted significant changes to federal insolvency legislation, elevating the priority that must be provided to fund the deficit of a defined benefit pension...
    CanadaEmployment and HR
    Miller Thomson
    Miller Thomson
  • Article

    AER Reminds Licensees Of Certain Obligations When Ceasing Operations

    Set forth below is a summary of the key observations and analysis made in the Bulletin, as well as an explanation of certain of the enforcement mechanisms referenced therein.
    CanadaEnergy and Natural Resources
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Alberta Energy Regulator Introduces New Requirements For Acquiring And Holding Energy Licences And Approvals

    In July 2020, the Alberta government introduced a new Liability Management Framework (the Framework) to address the growing inventory of inactive and orphaned well sites in the province.
    CanadaEnergy and Natural Resources
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Supreme Court Of Canada Grants Leave To Challenge Unconstitutionality Of Alberta's Oil And Gas Licensing Regime

    On November 9, 2017, the SCC granted the leave application filed by the Alberta Energy Regulator and the Orphan Well Association in Orphan Well Association, et al v. Grant Thornton Limited, et al, ...
    CanadaEnergy and Natural Resources
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    The Alberta Energy Regulator Reacts To The Redwater Decision – Who Suffers?

    ​On June 20, 2016, in reaction to the Alberta Court of Queen's Bench Redwater Energy Corporation (Re), 2016 ABQB 278 decision the AER issued Bulletin 2016-16 Licensee Eligibility - Alberta Energy Regulator Measures to Limit Environmental Impacts Pending Regulatory Changes to Address Redwater.
    CanadaEnergy and Natural Resources
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Environment: 1; Secured Creditors: 0 In Landmark SCC Decision

    The Supreme Court of Canada ("SCC") in Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5 ("Orphan") ruled that trustees in bankruptcy and insolvency cannot walk away from the environmental
    CanadaEnvironment
    Miller Titerle + Company
    Miller Titerle + Company
  • Article

    Redwater Decision: Bankruptcy Not A License To Ignore Environmental Obligations

    On January 31, 2018, the Supreme Court of Canada released its much anticipated decision, Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5.
    CanadaEnvironment
    Goodmans LLP
    Goodmans LLP
  • Article

    Wearing The Mantle Of Environmental Obligations: Implications For Secured Lenders In Canada

    In a recent case involving Mantle Materials Group, Ltd. (2023 ABKB 488, "Mantle")[1], the intersection of environmental obligations and insolvency law in Canada has again come into sharp focus.
    CanadaEnvironment
    Miller Thomson
    Miller Thomson
  • Article

    Beyond True Sale: Can A CCAA Court Allocate Additional Restructuring Costs To Securitization Parties?

    In Pride Group Holdings Inc. et al., 2026 ONSC 4700 (“Pride Group”), the Ontario Superior Court of Justice (the “Court”) held that securitization parties whose assets were expressly excluded from the debtor’s “Property” under a CCAA proceeding could not be compelled to contribute additional funds toward the debtor’s restructuring costs, beyond any amounts already paid by them. While the decision is currently under appeal, it nonetheless provides important guidance to market participants.
    CanadaFinance and Banking
    Miller Thomson
    Miller Thomson
  • Article

    CCAA Priming Charges May Supersede Statutory Deemed Trusts

    In Canada v. Canada North Group Inc., 2019 ABCA 314, the Court of Appeal of Alberta upheld the decision of the Court of Queen's Bench of Alberta, which held that the Companies' Creditors Arrangement Act ...
    CanadaFinance and Banking
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Liability Management In Canada

    In the context of corporate debt, 'liability management' refers to a company taking steps to manage its existing debt obligations. This often involves a combination of one or more open market repurchases...
    CanadaFinance and Banking
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Recent Trends In Leave Applications: The Saskatchewan Farm Security Act

    Section 9(1)(d) of The Saskatchewan Farm Security Act ("SFSA") prohibits creditors from commencing an action against farm land without first obtaining an order of the Court.
    CanadaFinance and Banking
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
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