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This Fall the Alberta Surface Rights Board (the "Board") Panel issued its decision in Lemke v Petroglobe Inc, 2015 ABSRB 740. The Panel decided that it did not have authority to proceed with a claim by a landowner for unpaid compensation that had accrued before the date that the operator was assigned into bankruptcy.

The Supreme Court of Canada has recently released its much-awaited decision in the Indalex case.

In the recent decision of Atlantic Sea Cucumber Ltd (Re), 2023 NSSC 231 the Supreme Court of Nova Scotia in Bankruptcy and Insolvency (the "Court")...

Thanks to a decision of the Supreme Court of British Columbia released on June 13, 2013, Court-appointed receivers can now accept appointments with greater confidence that their fees and expenses incurred in passing their accounts are recoverable from the estate - or possibly from a third party who raises opposition, if no assets remain in the estate.

Insolvency and lending communities have long held a jaundiced view of proposals to give pension entitlements a special priority in the event a company becomes insolvent.

Acquiring a distressed business or asset can be an excellent investment opportunity for prospective purchasers. Strategic buyers see distressed entities as presenting avenues which may not have otherwise been available if the target was solvent.

In the recent landmark decision of The Guarantee Company of North America v. Royal Bank of Canada, a unanimous five judge panel of the Ontario Court of Appeal provided guidance as to whether statutory

Most of us have stopped asking, "When will it be over?" and have started wondering how we can live with COVID-19 – and how it will change our behaviour from now on.

On April 17, 2025, the Supreme Court of Canada (SCC) released its decision, Piekut v Canada, 2025 SCC 13, in which the SCC declined to release the plaintiff from her student loan debt, finding that she sought relief too close to when she ceased being a student.

On December 16, 2010, the Supreme Court of Canada (the SCC) released its decision in Century services Inc. v. Canada (Attorney General) (aka Re Ted LeRoy).

In the decision of Justice Morawetz of the Ontario Superior Court of Justice (Commercial List) (the "Court") in "In the Matter of Aero Inventory (UK) Limited and Aero Inventory PLC", the Court held that proceeds of a fraudulent preference action recovered by a trustee in bankruptcy under section 95 of the "Bankruptcy and Insolvency Act" ("BIA") may be subject to the rights of secured creditors, to the extent secured creditors had rights in the collateral in question at the time of the impugned t

On November 8, 2018, in a decision delivered unanimously from the bench, the Supreme Court of Canada confirmed that the Crown's superpriority over unremitted Goods and Services Tax/Harmonized Sales Tax (GST/HST) is ineffective against a secured creditor who received, prior to a tax debtor's bankruptcy, proceeds from that taxpayer's assets.

In the matter of Chandos Construction Ltd v Restructuring Deloitte Inc, the Supreme Court of Canada issued a judgment on the anti-deprivation rule, which is intended to prevent contracts...

The dominant theme in recent judicial discussions in connection with the approval of cross-border DIP financing is the appropriateness of approving cross-border guarantees in connection with DIP financing; particularly when the court is asked to approve re-financing or a roll up of pre-filing indebtedness.

The Limitations Act, SM 2021, c 44 (the "New Act") repeals and replaces the current legislation, The Limitations of Actions Act, CCSM c L150 (the "Old Act").

In Royal Bank of Canada v. Atlas Block Co., at issue was whether the supplier of materials had a trust claim under the Construction Lien Act, R.S.O. 1990, c.C.30.

Amidst the COVID-19 pandemic and its adverse impact on the economy, insurers may find that their insureds are more frequently subject to bankruptcy or insolvency proceedings.