Category Archives: Creditors’ Remedies

Section 6 of the Federal Interest Act is Obsolete

By: Jonnette Watson Hamilton PDF Version: Section 6 of the Federal Interest Act is Obsolete Case Commented On: David v Premiere Canadian Mortgage Corporation, 2015 ABQB 505 (CanLII) In this decision, Justice Robert A. Graesser makes an interesting policy argument … Continue reading

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A Case for Reform: The Law of Fraudulent Preferences and Conveyances

PDF Version: A Case for Reform: The Law of Fraudulent Preferences and Conveyances Case Commented On: 1007374 Alberta Ltd v Ruggieri, 2013 ABQB 420 The case of 1007374 Alberta Ltd v Ruggieri, 2013 ABQB 420, is not significant in and … Continue reading

Posted in Creditors’ Remedies, Property | 1 Comment

Ride the Coattails –Yahoo!

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?

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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Classifying Creditors under the Companies’ Creditors Arrangement Act

Cases Considered: Kerr Interior Systems Ltd. (Re), 2008 ABQB 286 PDF Version: Classifying Creditors under the Companies’ Creditors Arrangement Act In an application for an order to sanction a Plan of Arrangement (Plan), the Alberta Court of Queen’s Bench refused … Continue reading

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