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Articles by Anthony Mersich
Resetting The Boundaries Of The Redwater Umbrella: Alberta Court Of Appeal Affirms Priority Of Mortgages
On April 8, 2024, the Alberta Court of Appeal released its highly anticipated decision in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 (the "Appeal Decision").
The Not So Royal Treatment: Alberta Court Vests Off Gross Overriding Royalties In Insolvency
In the recent decision of Invico Diversified Income Limited Partnership v NewGrange Energy Inc, 2024 ABKB 214 ("NewGrange"), the Alberta Court of King's Bench clarified when gross overriding royalties ("GOR") can be vested out of a debtor company's estate pursuant to a reverse vesting order ("RVO").
The Not So Royal Treatment: Alberta Court Vests Off Gross Overriding Royalties in Insolvency
Overview In the recent decision of Invico Diversified Income Limited Partnership v NewGrange Energy Inc, 2024 ABKB 214 (“NewGrange”), the Alberta Court of King’s Bench clarified when gross overriding royalties (“GOR”) can be vested out of a debtor company’s estate pursuant to a reverse vesting order (“RVO”).
Resetting the Boundaries of the Redwater Umbrella: Alberta Court of Appeal Affirms Priority of Mortgages
On April 8, 2024, the Alberta Court of Appeal released its highly anticipated decision in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 (the “Appeal Decision”).
Fasken 2023 Insolvency Insights
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Case Trends We’ve seen an uptick in corporate insolvency filings and creditor-driven CCAAs (Companies' Creditors Arrangement Act), followed by a corresponding increase in interesting developments in insolvency law. There has been an overall trend towards prioritizing environmental obligations. Reverse Vesting Orders continue to be sought, with Canadian courts cautioning that they remain extraordinary relief.
By Jessica J. Cameron, Lisa Hiebert, Stuart N. Brotman, Marc-André Morin, Anthony Mersich, Daniel T Richer, Éliane Dupere-Tremblay, Mishaal Gill, Montana Licari, Nicolas Mancini, Glen Nesbitt, Mitch Stephenson, Aubrey J. Kauffman, Brandon Farber, Dylan A. Chochla, Fergus McDonnell, Kibben Jackson, Luc Béliveau, Robyn Gurofsky, Alain Riendeau, Alexander Bayus
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Never Going To Let You Go: BC's EMA May Allow Creditors To Seek Recovery From Third Parties For Environmental Remediation Claims
The recent decision from the Supreme Court of British Columbia (the “Court”) in Cordy Environmental Inc. v Obsidian Energy Ltd., 2023 BCSC 1198 (“Cordy Environmental”) has opened the door for creditors of an insolvent company to recover pre-filing amounts relating to environmental remediation from certain third parties.
Danger, Will Robinson! Court Creates Common Law Super-Priority for Environmental Obligations
The recent decision from the Court of King’s Bench of Alberta (the “Court”) in Qualex-Landmark Towers Inc v 12-1- Capital Corp, 2023 ABKB 109 (“Qualex”) greatly extended the protective umbrella for costs associated with environmental reclamation obligations.
Taking blinders off: Court won’t approve stalking horse agreement, part one - The Lawyer's Daily
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OCA Addresses Fraudulent Transfers Under Bankruptcy And Insolvency Act
The recent decision in Ernst & Young Inc. v. Aquino, the Ontario Court of Appeal (OCA) analyzed the criteria for establishing voidable transfers at undervalue under section 96 of the Bankruptcy and Insolvency Act RSC 1985, c B-3 (BIA), with a particular focus on the application of "corporate attribution" in the context of insolvency.
Decisions On Secured Lenders' Rights And Remedies In 2022
To print this article, all you need is to be registered or login on Mondaq.com. As Canada prepares to emerge from the COVID-19 pandemic, factors such as the elimination of government pandemic support and rising interest rates may significantly affect lenders' decisions in 2022. Many expect that withdrawal of government funding will create a wave of insolvency filings in Canada.
Canadian Energy Podcast Series Episode 1
Canada: Canadian Energy Podcast Series Episode 1 | Geothermal Industry 17 May 2021 by Lorne Rollheiser and Anthony Mersich Gowling WLG Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Welcome to the Canadian Energy Podcast Series. In this podcast series, we will explore how Canada's energy industry is evolving, the new opportunities that are emerging and assess Canada's position in these markets.
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