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Kelsey J. Meyer

Commercial Litigation, Bankruptcy, Insolvency and Restructuring Lawyer at Bennett Jones Calgary

Partner

Jesse Mighton

Insolvency and Restructuring Lawyer at Bennett Jones Toronto

Preet K. Gill

Restructuring, Insolvency and Complex Litigation Lawyer at Bennett Jones Toronto

Toronto Managing Partner

In the unrelated companion cases of Aquino v Bondfield Construction Co, <a href="https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/20694/index.do">2024 SCC 31</a> and Scott v Golden Oaks Enterprises Inc, <a href="https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/20695/index.do">2024 SCC 32</a>, the Supreme Court of Canada applied the common law doctrine of corporate attribution to bankruptcy and insolvency law through a purposive, contextual and pragmatic approach.

The SCC Clarifies the Corporate Attribution Doctrine and Creditor Protection Tools in Insolvency Law

Keely Cameron

Litigation Lawyer at Bennett Jones Calgary

Denise D. Bright

Public and Private Company Financial Transactions and Securities Lawyer at Bennett Jones Calgary

Partner 

In late May, the Supreme Court of Canada (the SCC) denied an application for leave to appeal a decision of the Court of Appeal of Alberta, which, in turn, had denied leave to appeal of the decision of the Court of King’s Bench of Alberta in Re Mantle Materials Group, Ltd, 2023 ABKB 488 (Mantle KB). The decision in Mantle KB held that the interests of secured creditors are subordinate to environmental obligations pursuant to the Environmental Protection and Enhancement Act, thus confirming that the priority of environmental obligations determined by the SCC in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 applies beyond the oil and gas industry.

Supreme Court of Canada Dismisses Leave on Leave in Mantle Materials Group The Priority

Supreme Court of Canada Dismisses Leave-on-Leave in Mantle Materials Group: The Priority of Environmental Obligations Extends Beyond the Oil & Gas Industry

This week’s highly anticipated decision of the Alberta Court of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 limits the application of Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 to regulators inside formal insolvency proceedings rather than private litigants and denies a common law "super priority" for environmental obligations of private litigants over secured claims.

Qualex Landmark Redwater Scope and Environmental Priority in Alberta

Qualex-Landmark: Redwater Scope and Environmental Priority in Alberta

The Alberta Minister of Energy released Ministerial Order 043/2023 on March 16, 2023. The Order requires the Alberta Energy Regulator to take reasonable steps to confirm that a well licence applicant, transferee or transferor does not have outstanding municipal tax arrears exceeding a specific threshold amount.

Why Municipal Tax Arrears of 20000 Could Prevent Applications for or Transfers of Well Licences

Why Municipal Tax Arrears of $20,000 Could Prevent Applications for or Transfers of Well Licences in Alberta

Kwang Lim

Corporate and Securities Lawyer at Bennett Jones Vancouver

Vancouver Managing Partner

Angela Blake

M&A, Securities and Corporate Finance Lawyer at Bennett Jones Toronto

Laura James

Corporate Lawyer at Bennett Jones Vancouver

Associate

M&amp;A activity in Canada rebounded in Q3 2025, with total deal value rising sharply year-over-year. Our update explores shifting deal structures, the rise of earnouts, cross-border dynamics, and the sectors driving growth.

Canadas Q3 2025 MA Landscape

Canada's Q3 2025 M&A Landscape

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

Dominique Carli

Commercial Transactions Lawyer at Bennett Jones Toronto

Wittington Investments has launched a C$100 million fund to support Canadian food producers with equity or debt financing. Success depends on legal readiness, from IP protection to governance, ensuring businesses are prepared to attract and secure investment.

Legal Readiness for Food Producers Navigating Wittington Investments C100M Fund

Legal Readiness for Food Producers: Navigating Wittington Investments’ C$100M Fund

Sean Zweig

Restructuring, Insolvency and Bankruptcy Lawyer at Bennett Jones Toronto

Andrew Froh

Commercial Litigation Lawyer at Bennett Jones Vancouver

James Atkinson

Articling Student at Bennett Jones 

Articling Student          

A recent decision of the US Bankruptcy Court in Re: Iovate Health Sciences International Inc. provides important insights for Canadian companies involved in cross-border restructurings. The case addresses how debtor companies can rebut the presumption that their &ldquo;center of main interests&rdquo; (COMI) is located at their registered office when seeking Chapter 15 recognition in the United States. Chief Judge Glenn reaffirmed that COMI is determined by a non-exhaustive set of factors, including management, assets, creditors and creditor expectations, and may also be influenced by pre-filing restructuring activities.

Trend Watch Determining COMI in US Chapter 15 Proceedings

Trend Watch: Determining COMI in US Chapter 15 Proceedings

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

AI is transforming performance marketing through hyper-personalization, automated content creation, and data-driven insights&mdash;enhancing efficiency while raising new legal and ethical considerations for brands.

The Implications of AI on Performance Marketing

Dom Sorbara

Banking & Financial Services Lawyer at Bennett Jones Toronto

Elizabeth K. Dylke

Corporate and Private Funds Lawyer

James G. Morand

Tax Lawyer at Bennett Jones Toronto

This edition of the PE Briefing examines private equity developments in the third quarter of 2025, including trends in Canadian and global deal activity, the continued growth and complexity of private credit, Ontario&rsquo;s advantages as a jurisdiction for non-US flow-through vehicles, and practical considerations in the drafting of earnouts.

Navigating Construction Claims in Insolvency

Authors


Bennett Jones Speaking Engagement Navigating Construction Claims in Insolvency October 9, 2019 Authors Kelsey J. MeyerPartner Kelsey Meyer was a panelist on "Navigating Construction Claims in Insolvency" for the Society for Construction Law. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com. For informational purposes only This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors. Authors Kelsey J. Meyer, Partner • Co-Head of Restructuring & Insolvency Practice Calgary • 403.298.3323 • meyerk@bennettjones.com