Author Archives: Jassmine Girgis
The Oppression Remedy Tests: Oppression v Unfair Prejudice & Unfair Disregard
By: Jassmine Girgis Case commented on: Wisser v CEM International Management Consultants Ltd, 2022 ABQB 414 (CanLII) PDF Version: The Oppression Remedy Tests: Oppression v Unfair Prejudice & Unfair Disregard This blog broadly addresses how creditors can utilize the oppression … Continue reading
How does Bankruptcy Impact the Priority of a Writ of Enforcement’s ‘Binding Interest’?
By: Jassmine Girgis Case Commented On: MNP Ltd v Canada Revenue Agency, 2022 ABQB 320 (CanLII) PDF Version: How does Bankruptcy Impact the Priority of a Writ of Enforcement’s ‘Binding Interest’ This case is about the priority of a writ … Continue reading
Fairness and The Corporate Oppression Remedy: What is the Difference Between “Prejudice” and “Unfair Prejudice”?
By: Jassmine Girgis Paper Commented On: “Fairness in The Oppression Remedy: How Does Harm Become Unfair?”, 19th Annual Review of Insolvency Law, 2021 CanLIIDocs 13557 PDF Version: Fairness and The Corporate Oppression Remedy: What is the Difference Between “Prejudice” and … Continue reading
Exemptions to the BIA “Fresh Start” Policy
By: Jassmine Girgis PDF Version: Exemptions to the BIA “Fresh Start” Policy Case Commented On: Alberta Securities Commission v Hennig, 2021 ABCA 411 (CanLII) In this decision, the Alberta Court of Appeal (CA) considered whether a debt fell within the … Continue reading
Interpreting the Generalized Duty of Good Faith in Insolvency Proceedings
By: Jassmine Girgis PDF Version: Interpreting the Generalized Duty of Good Faith in Insolvency Proceedings Case Commented On: CWB Maxium Financial Inc v 2026998 Alberta Ltd, 2021 ABQB 137 (CanLII) In CWB Maxium Financial Inc v 2026998 Alberta Ltd, 2021 ABQB … Continue reading
