Category Archives: Bankruptcy and Insolvency

Indalex: Priority of Provincial Deemed Trusts in a CCAA Restructuring

Posted on March 6, 2013 by Jassmine Girgis

PDF version: Indalex: Priority of Provincial Deemed Trusts in a CCAA Restructuring Case considered: Sun Indalex Finance, LLC et al v United Steelworkers et al, 2013 SCC 6. Introduction On February 1, 2013, Supreme Court of Canada (“SCC” or “Court”) … Continue reading →

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Whoever heard of such a thing? A Crown oil and gas lease an intangible form of personal property?

Posted on March 1, 2013 by Nigel Bankes

PDF version: Whoever heard of such a thing? A Crown oil and gas lease an intangible form of personal property? Case considered: Kasten Energy Inc v Shamrock Oil and Gas Ltd, 2013 ABQB 63. In this case Justice Lee granted … Continue reading →

Posted in Bankruptcy and Insolvency, Oil & Gas | 1 Comment

Issuance of a Notice of Abandonment under Clause 1201 of CAPL is an Attempt to Exercise a “Right to Remedy” within the Meaning of the Typical Stay Provisions of a Receivership Order

Posted on September 13, 2012 by Nigel Bankes

PDF version: Issuance of a notice of abandonment under clause 1201 of CAPL is an attempt to exercise a “right to remedy” within the meaning of the typical stay provisions of a Receivership Order Case Commented On: Baytex Energy Ltd. … Continue reading →

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Ride the Coattails –Yahoo!

Posted on June 25, 2012 by Cliff Shaw, Q.C.

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 … Continue reading →

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Restructuring under the CCAA: Should A Debtor Always Be Allowed to Proceed?

Posted on January 28, 2010 by Jassmine Girgis

Case considered: Budget Waste Inc., Re, 2009 ABQB 752. PDF version: Restructuring under the CCAA: Should A Debtor Always Be Allowed to Proceed? LoVecchio J.’s decision in Budget Waste Inc., Re (“Budget Waste“) is a great example of the questions courts … Continue reading →

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