Canada: Insolvency/Bankruptcy

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
The Collection Process, Part 2: What Is Garnishment? A Powerful Debt Collection Tool
Garnishment allows judgment creditors to intercept money owed to debtors by third parties, such as banks or employers. While this legal tool can be highly effective for debt collection in certain circumstances, it comes with procedural requirements, exemptions, and practical challenges that creditors must navigate. Understanding when garnishment works best and its limitations is essential for anyone seeking to collect on a judgment in British Columbia.
Canada Litigation
WG
Watson Goepel LLP
Article
Take Or Pay, Disclaim Or Stay: Alberta Clarifies Eligible Financial Contract Boundaries
When is a physical supply contract an eligible financial contract that cannot be disclaimed in CCAA proceedings? The Alberta Court of King's Bench provides detailed guidance on this recurring question for commodity suppliers, lenders and restructuring professionals, expressly disagreeing with earlier authority in a landmark decision involving natural gas supply agreements in Colombia.
Worldwide Insolvency
BC
Blake, Cassels & Graydon LLP
Article
Managing Long-Tail Risk: Latent Defects, The Limitations Of Warranties, And Protecting Against Insolvent And Bankrupt Counterparties
Latent defects in construction projects often surface years after completion, creating significant financial exposure for all parties involved. This article examines how to structure warranties that effectively allocate long-tail risks, while also addressing the critical challenge of protecting against warranty providers who become insolvent or bankrupt before defects emerge.
Canada Real Estate
ML
McMillan LLP
Article
Vesting Order Bars Claims For Unpaid Crown Royalties
In two companion decisions - Alberta (Energy and Minerals) v Spartan Delta Corp, 2026 ABCA 214 (the Spartan Decision) and Alberta (Energy and Minerals) v Canadian Natural Resources Limited, 2026 ABCA 213 (the CNRL Decision) -  the Court clarified that co-lessees are subject to joint liability for Crown royalties, not joint and several liability, under Alberta's Mines and Minerals Act, RSA 2000, c M-17.
Canada Energy
BJ
Bennett Jones LLP
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