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2015 in Review: Top 10 Judicial Decisions of Import to the Canadian Oil and Gas Industry
  • Borden Ladner Gervais LLP
  • Canada
  • January 8 2016

Last year's list of the top ten judicial decisions of import to the Canadian Oil and Gas Industry (found here) illustrated that 2014 was a high-water


Limits of Relief for Lessors under the Surface Rights Act when an Operator has been Assigned into Bankruptcy
  • Borden Ladner Gervais LLP
  • Canada
  • December 22 2015

This Fall the Alberta Surface Rights Board (the "Board") Panel issued its decision in Lemke v Petroglobe Inc, 2015 ABSRB 740. The Panel decided that


Court of Appeal summaries (December 6- 11)
  • Blaney McMurtry LLP
  • Canada
  • December 12 2015

The Court of Appeal released a fair number of civil decisions this week on a variety of topics, but nothing groundbreaking. Perhaps the most


Trustee Cannot Disclaim Bankrupt Landlord’s Lease
  • Aird & Berlis LLP
  • Canada
  • December 3 2015

In Aventura, a recent decision of the Ontario Superior Court of Justice (Commercial List) (the "Court"), the Honourable Justice Penny confirmed that


Stopping the revolution in its tracks: the Supreme Court of Canada decides Lemare Lake Logging Ltd. v. 3L Cattle Company Ltd.
  • Miller Thomson LLP
  • Canada
  • December 1 2015

On November 13, 2015, the Supreme Court rendered its decision in Lemare Lake Logging Ltd. v. 3L Cattle Company Ltd. (2015 SCC 53) ("Lemare Lake"). A


When is a commercial Landlord’s consent to a lease assignment or sublease required?
  • Torkin Manes LLP
  • Canada
  • October 1 2015

A recent decision of the Ontario Superior Court sheds light on when a commercial landlord is required to give consent to an assignment of lease or


Le tribunal étudie les critères d’application de l’article 96 LFI dans le cadre d’une opération prétendument sous-évaluée.
  • Miller Thomson LLP
  • Canada
  • July 3 2015

Dans cette affaire, le syndic demande au tribunal de déclarer sous-évaluée au sens de l’article 96 L.F.I. Le transfert par le failli Ortner d’un


Security on inventory subject to third-party intellectual property rights: how are creditors’ rights affected?
  • Langlois Lawyers LLP
  • Canada
  • April 15 2015

The general principle is that security granted on tangible property also charges the property's accessories. That is not the case however when


Lease deposit characterized as security interest: summary of Alignvest Private Debt Ltd. v Surefire Industries Ltd.
  • Miller Thomson LLP
  • Canada
  • March 23 2015

In the context of a tenant's bankruptcy, Justice Romaine of the Alberta Queens Bench recently characterized a deposit provided under a lease as a


A new target for distressed investors: what claims traders need to know about target Canada and Canadian insolvency law
  • Katten Muchin Rosenman LLP
  • Canada
  • February 12 2015

On January 14, 2015, Target Corporation ("Target US") announced the exit of substantially all of its Canadian operations less than two years after