Author: Cliff Shaw, Q.C.

Clifford J. Shaw, Q.C. of Leon Brener Law is a member of the Alberta and Nova Scotia Bars. He was appointed Queen’s Counsel in 1996. Cliff is a 30-year Calgary lawyer. His primarily banking law practice, includes civil litigation. Cliff has a Bachelor of Arts from St. Francis Xavier University, a Bachelor of Laws from Dalhousie University, and a Master of Laws from Osgoode Hall Law School of York University. He teaches the Unsecured Creditors’ Remedies and the Bankruptcy and Restructuring Law courses in the Faculty of Law at the University of Calgary. Cliff recently taught the Business Law course in the Bissett School of Business at Mount Royal University. He participates in university instructor training programs offered through The Teaching and Learning Centre at the University of Calgary.

Clarion Call for Consistent Statute Interpretation

By Cliff Shaw, Q.C.

On October 8, 2013

In Bankruptcy and Insolvency

PDF Version: Clarion Call for Consistent Statute Interpretation

Case commented on: Piikani Energy Corporation (Re), 2013 ABCA 293, rev’g 2012 ABQB 187

This Alberta Court of Appeal decision (per Justices Frans Slatter, Patricia Rowbotham, and Barbara Lea Veldhuis) came to my attention as a preferences case under section 95 of the Bankruptcy and Insolvency Act, RSC 1985, c B-3 (“BIA”). The weightiness of the analysis reversing Justice R.A. Graesser’s conclusion of a “non-arm’s length” relationship between the debtor corporation Piikani Energy Corporation and the two payees 607385 Alberta Ltd. (“607”) and Dale McMullen made the insolvency and preferences issues irrelevant.

Ride the Coattails –Yahoo!

By Cliff Shaw, Q.C.

On June 25, 2012

In Bankruptcy and Insolvency, Creditors’ Remedies

PDF version: Ride the Coattails –Yahoo!

Case considered: Toronto Dominion Bank v Letendre, 2012 ABQB 323 rev’g 2012 ABQB 369.

This was a competition for the surplus funds paid into court in a mortgage foreclosure action.The case examined policy and operational aspects of the two year limitation in section 3(1) of the Limitations Act, RSA 2000, c L-12 (“Act”).