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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On October 8, Greenfire Oil and Gas Ltd. and Greenfire
Hangingstone Operating Corporation (collectively, Greenfire) each
filed a Notice of Intention to Make a Proposal pursuant to section
50.4(1) of the
Bankruptcy and Insolvency Act (Canada), RSC
1985, c B-3, as may be amended from time to time (the BIA) (such
proceedings, referred to herein as the NOI Proceedings) and Alvarez
& Marsal Canada Inc. was appointed as Proposal Trustee (the
Proposal Trustee) of Greenfire. Greenfire is focused on oilsands
development and production and their primary asset is a