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.
Discover the implications of the Alberta Court of Appeal s decision in the Qualex-Landmark case, which limits the application of the Redwater ruling on environmental priority. Explore how this ruling affects environmental remediation claims, secured creditors, and private litigation in Alberta.
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.
On March 30, 2022, the Alberta Court of Appeal issued its much anticipated decision in Manitok Energy Inc (Re), 2022 ABCA 117 [Manitok ABCA] which considered whether, as a result of the.