Eligible Financial Contracts Post-Bellatrix

Kelsey Meyer, Denise Bright, Mark Powell, Katherine Fisher and Adam Williams write in the National Insolvency Review on Eligible Financial Contracts Post-Bellatrix: A Multi-Disciplinary Perspective on the Current Status of the Law.

The authors provide a comprehensive overview of Canadian case law regarding eligible financial contracts (EFCs), from the 2000 seminal decision of Justice Fruman of the Alberta Court of Appeal in Blue Range, through to the 2020 and 2021 decisions of the Alberta Courts in Bellatrix.  Through a multi-disciplinary perspective from lawyers practicing in the fields of insolvency, corporate finance, trading and derivatives, this article explores the statutory and jurisprudential interpretation issues that have seemingly been resolved through the development of the case law over the last 22 years, as well as those that require further appellate consideration.