Successfully responded to an appeal in the Alberta Court of Appeal (Export Development Corporation v MNP Ltd, 2025 ABCA 25 (CanLII)). The appellant sought to set aside the court at first instance's decision to assign claims under an insurance contract to a creditor over the insurers objection. Michael had the opportunity to share his unique insights in the legal magazine, Take Five Alberta (Feb 2025). "More than anything else," says Michael, "the Court of Appeal's decision ... continues the trend toward broad and permissive interpretation of court powers in overseeing commercial insolvencies..."
Issues:
- Jurisdiction of the court when overseeing a receivership
- Contractual assignment provisions
- Harmonious application of insolvency regimes
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