Insolvency and Restructuring Insolvency and Restructuring

Supreme Court of Canada decision in Redwater: Early implications

On January 31, 2019, in a 5-2 split decision, the majority of the Supreme Court of Canada allowed the appeal of the AER and the Orphan Well...

Court rejects U.S. pension claim in Canadian CCAA proceeding

In a precedent-setting decision, Justice Fitzpatrick of the B.C. Supreme Court held that a U.S. multi-employer pension plan’s claim for $1.25...

Redwater revisited – should the buck stop here?

On April 24, 2017, the Alberta Court of Appeal affirmed the Alberta Court of Queen's Bench's decision in Redwater Energy Corporation (Re), 2016 ABQB...

Corporate recapitalizations as an alternative to insolvency proceedings

Corporations in financial difficulty are increasingly turning to the arrangement provisions of the CBCA or equivalent provincial corporate statutes...

Alberta’s energy regulator imposes further restrictions on embattled energy industry in response to Redwater

One month after the May 19, 2016 Alberta Court of Queen’s Bench’s decision in Redwater Energy Corporation (Re), 2016 ABQB 278 (“Redwater”),...

Implications of the Redwater decision – Where does the buck stop?

The Court held that the provisions of the BIA permitting a Trustee to renounce assets it deemed uneconomic was paramount to any obligations of the...