Category Archives: Bankruptcy and Insolvency
Environmental Obligations Enforced Between Private Parties: The Extension of Redwater
By: Jassmine Girgis Case commented on: Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2023 ABKB 109 (CanLII) PDF Version: Environmental Obligations Enforced Between Private Parties: The Extension of Redwater The Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2023 ABKB 109 … 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
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
Lessons from Redwater: Discard the AbitibiBowater Test and Legislate Super Priority for the Regulator
By: Jassmine Girgis PDF Version: Lessons from Redwater: Discard the AbitibiBowater Test and Legislate Super Priority for the Regulator Case Commented On: Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 (CanLII) Environmental cleanup costs are a natural consequence … Continue reading
Preservation of Human Dignity as the Justification for Excluding Personal Rights of Action in Bankruptcy
By: Jassmine Girgis PDF Version: Preservation of Human Dignity as the Justification for Excluding Personal Rights of Action in Bankruptcy Case Commented On: Cooke (Re), 2018 ABQB 628 This case considers whether a contractual “critical illness” benefit forms part of … Continue reading