Despite the modernization of secured transactions law in every common law province in Canada, the insolvency statutes continue to define a secured creditor using pre-PPSA common law concepts. In order to fall within this definition, the creditor must hold a mortgage, pledge, charge, or lien...

Receivership law is different from bankruptcy law and commercial restructuring law in that it is not a creature of statute. Whereas the bankruptcy and restructuring regimes are legislatively created, receivership law emerged out of English common law. Canada, Australia, New Zealand, and the...

On January 31, 2019, the Supreme Court of Canada rendered its decision in Orphan Well Association v Grant Thornton Ltd (commonly referred to as “Redwater”). In a 5-2 split, the court allowed the appeal and held that Alberta's oil and gas licensing regime does not conflict with the federal...