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. The decision in Mantle KB held that the interests of secured creditors are subordinate to environmental obligations pursuant to the Environmental Protection and Enhancement Act EPEA, thus confirming that the priority of environmental obligations determined by the SCC in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 Redwater applies beyond the oil and gas industry.
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