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Oct 22, 2024 | 
bennettjones.com | Keely Cameron
Keely Cameron comments in Lexpert’s special edition on Insolvency and Restructuring on how five years after the Supreme Court of Canada’s landmark decision in the Redwater case lenders, debtors and creditors are still grappling with the fallout. Keely represented the Alberta Energy Regulator (AER) in the case (Orphan Well Association v Grant Thornton Ltd.).
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Jun 10, 2024 | 
mondaq.com | Kelsey Meyer |Keely Cameron |Denise Bright |Sarah Aaron
In late May, the Supreme Court of Canada (the SCC) denied an
application for leave to appeal a decision of the Court of Appeal
of Alberta (the ABCA), which, in turn, had denied leave to appeal
of the decision of the Court of King's Bench of Alberta (the
ABKB) in Re Mantle Materials Group, Ltd, 2023 ABKB 488
(Mantle KB).
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Jun 5, 2024 | 
jdsupra.com | Sarah Aaron |Denise Bright |Keely Cameron
June 5, 2024 Sarah Aaron, Denise Bright, Keely Cameron, Kelsey Meyer Bennett Jones LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: In late May, the Supreme Court of Canada (the SCC) denied an application for leave to appeal a decision of the Court of Appeal of Alberta (the ABCA), which, in turn, had denied leave to appeal of the decision of the Court of King’s Bench of Alberta (the ABKB) in Re Mantle Materials Group, Ltd,...
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Jun 5, 2024 | 
bennettjones.com | Kelsey Meyer |Keely Cameron |Denise Bright |Sarah Aaron
In late May, the Supreme Court of Canada (the SCC) denied an application for leave to appeal a decision of the Court of Appeal of Alberta (the ABCA), which, in turn, had denied leave to appeal of the decision of the Court of King’s Bench of Alberta (the ABKB) in Re Mantle Materials Group, Ltd, 2023 ABKB 488 (Mantle KB).
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May 23, 2024 | 
mondaq.com | Michael Mysak |Keely Cameron |Lisa Rodriguez
A recent decision out of the Alberta Court of
Appeal1 found that as soon as a company handed over
their investigative reports to regulators in connection with a
pipeline incident, privilege over the reports was lost.
Litigation privilege is a type of class privilege that applies
to a document or group of documents that were prepared for the
dominant purpose of litigation. It can arise when litigation is
underway or reasonably anticipated.
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May 21, 2024 | 
jdsupra.com | Keely Cameron |Michael Mysak |Lisa Rodriguez
A recent decision out of the Alberta Court of Appeal1 found that as soon as a company handed over their investigative reports to regulators in connection with a pipeline incident, privilege over the reports was lost. Litigation Privilege in a NutshellLitigation privilege is a type of class privilege that applies to a document or group of documents that were prepared for the dominant purpose of litigation. It can arise when litigation is underway or reasonably anticipated.
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Apr 18, 2024 | 
mondaq.com | Denise Bright |Keely Cameron |Kelsey Meyer |Kaamil Khalfan
This week's highly anticipated decision of the Alberta Court
of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital
Corp, 2024 ABCA 115 [Qualex] limits the application
of Orphan Well Association v Grant Thornton Ltd, 2019 SCC
5 [Redwater] to regulators inside formal insolvency
proceedings rather than private litigants and denies a common law
"super priority" for environmental obligations of private
litigants over secured claims.
Qualex-Landmark Towers Inc.
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Apr 11, 2024 | 
lexology.com | Denise Bright |Keely Cameron |Kelsey Meyer |Kaamil Khalfan
This week’s highly anticipated decision of the Alberta Court of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 [Qualex] limits the application of Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 [Redwater] to regulators inside formal insolvency proceedings rather than private litigants and denies a common law "super priority" for environmental obligations of private litigants over secured claims. BackgroundQualex-Landmark Towers Inc.
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Nov 8, 2023 | 
mondaq.com | Keely Cameron |Adam Williams
The Saskatchewan Court of Appeal has confirmed that the Supreme
Court of Canada's decision in Orphan Well
Association v. Grant Thornton Ltd., 2019 SCC 5
[Redwater], applies in Saskatchewan. The Court of Appeal
also affirmed that orders made in failed proceedings in Alberta
under the Companies' Creditors Arrangement
Act (CCCA) did not have effect in subsequent
receivership proceedings in Saskatchewan.
In Eye Hill (Rural Municipality) v.
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Nov 6, 2023 | 
jdsupra.com | Keely Cameron |Adam Williams
[co-author: Marina Ferguson - Articling Student]The Saskatchewan Court of Appeal has confirmed that the Supreme Court of Canada’s decision in Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5 [Redwater], applies in Saskatchewan.The Court of Appeal also affirmed that orders made in failed proceedings in Alberta under the Companies’ Creditors Arrangement Act (CCCA) did not have effect in subsequent receivership proceedings in Saskatchewan. In Eye Hill (Rural Municipality) v.
