Wearing the mantle of environmental obligations: Implications for secured lenders in Canada
Introduction In a recent case involving Mantle Materials Group, Ltd. (2023 ABKB 488, « Mantle« )[1], the intersection of environmental obligations and insolvency law in Canada has again come into sharp focus. It is the latest iteration of Alberta cases where the […]
Secured creditors and environmental liabilities: The Qualex quagmire continues
The stakes in the appeal from a recent case in Alberta, Qualex-Landmark Towers Inc v 12-10 Capital Corp (“Qualex”) are rising with the recent decision of the Court of Appeal of Alberta granting leave to intervene to the Canadian Bankers […]
Making priority a priority in construction lien disputes
The financial difficulty precipitated by COVID-19 has reached virtually every industry, and the construction sector is no exception. Debtors, lenders and trades dealing with insolvent construction projects will inevitably face priority disputes under Ontario’s Construction Act[1] (the “Act”) in instances […]
Paths Forward in Financially Troubled Times: A Restructuring and Insolvency Guidebook for Charities and Non-profit Organizations
The Muttart Foundation
Susan Manwaring and Craig Mills are contributors to The Muttart Foundation’s Paths Forward in Financially Troubled Times: A Restructuring and Insolvency Guidebook for Charities and Non-profit Organizations. The resource sets out various options available to organizations experiencing financial hardship. Read […]
Reframing the Refusal Motion: An Interesting Approach
A common occurrence in a litigation file is the refusal of a question posed during an examination for discovery. In some cases, the evidence underlying the question refused could be pivotal to the outcome of the litigation. In other cases, […]