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On January 25, 2021, the Alberta Court of Appeal (the ABCA)
released its reasons in
PricewaterhouseCoopers Inc. v Perpetual
Energy Inc., 2021 ABCA 16 (
Perpetual Energy). While
the issue before the ABCA was of a preliminary nature
namely whether the claims of the trustee in bankruptcy (the
Trustee) should be summarily dismissed or struck as not disclosing
a cause of action the legal principles considered by the
ABCA extend far beyond the immediate parties and include broader
questions around the nature and role of abandonment and reclamation
obligations (AROs) after bankruptcy, the scope of a trustee in
bankruptcy s duties to third parties, the duties of a director