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
Cross-examining Receivers, Monitors And Trustees In Alberta Insolvency Proceedings: An Exceptional Remedy
Court-appointed receivers, monitors and trustees in Canadian insolvency proceedings hold a unique position as officers of the court. A fundamental question arises in Alberta practice: under what circumstances may parties cross-examine these court officers on the contents of their reports? Alberta courts have established clear principles governing when such examination is permitted and the stringent requirements parties must meet to justify questioning these neutral insolvency professionals.
Canada Insolvency
BL
Borden Ladner Gervais 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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