Category Archives: Creditors’ Remedies
What Are “Unrelated Assets” When It Comes to Environmental Reclamation Obligations? The Lending Industry Needs to Know
By: Jassmine Girgis Case Commented On: Mantle Materials Group, Ltd v Travelers Capital Corp, 2023 ABCA 302 (CanLII) PDF Version: What Are “Unrelated Assets” When It Comes to Environmental Reclamation Obligations? The Lending Industry Needs to Know In recent years, … Continue reading
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
A Generalized Duty of Good Faith Applied to Disclaimer Under the CCAA
By: Jassmine Girgis PDF Version: A Generalized Duty of Good Faith Applied to Disclaimer Under the CCAA Case Commented On: Laurentian University v Sudbury University, 2021 ONSC 3392 (CanLII) In this case, the court considered the new generalized duty of … Continue reading
Must Creditors be “Analogous to Minority Shareholders” to Obtain Standing for Oppression?
By: Jassmine Girgis PDF Version: Must Creditors be “Analogous to Minority Shareholders” to Obtain Standing for Oppression? Case Commented On: Pricewaterhouse Coopers Ltd v Perpetual Energy Inc, 2021 ABCA 16 (CanLII) A creditor seeking an oppression remedy must qualify as … Continue reading
Section 6 of the Federal Interest Act is Obsolete
By: Jonnette Watson Hamilton PDF Version: Section 6 of the Federal Interest Act is Obsolete Case Commented On: David v Premiere Canadian Mortgage Corporation, 2015 ABQB 505 (CanLII) In this decision, Justice Robert A. Graesser makes an interesting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
