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61816.11This paper is complimentary.
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61816.09This paper is complimentary.
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61816.07This paper is complimentary.
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61816.03This paper is complimentary.
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61816.01This paper is complimentary.
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62005.06The interface between trust law and bankruptcy and insolvency law has generated both legislation and litigation. An aspect of this interface is the constitutional division of power: trust law falls within provincial legislative jurisdiction, whereas bankruptcy is a matter of federal legislation. This paper explores the conceptual factors that have been applied by courts when determining the appropriate accommodation between trust and insolvency law. This accommodation is addressed in the context of six categories of trusts: express trusts, implied trusts, remedial trusts, resulting trusts, deemed statutory trusts, and trusts mandated by statute benefitting the Crown or others. This paper is part of a collection presented at LESA’s 2016 The Constitution in the Insolvency Tool Box program.
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62005.05Determining the purpose and objectives of long-standing and established federal insolvency systems has generally not been difficult. The same cannot be said for federal receivership provisions. The Supreme Court of Canada undertook a search for the purpose behind these federal receivership provisions in Saskatchewan (Attorney General) v Lemare Lake Logging Ltd, 2015 SCC 53. That case, which has cast doubt on whether receivership law should be characterized as a federal insolvency system, serves as the central focus of this paper. The author seeks to explain how and why this questioning of receivership law has come to pass, and considers its future implications. This paper is part of a collection presented at LESA’s 2016 The Constitution in the Insolvency Tool Box program.
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62005.04Regulatory bodies are becoming increasingly involved in the sale and liquidation of an insolvent oil and gas corporation’s assets. This paper discusses the enforcement of regulatory powers in an insolvency, with a particular focus on the recent case of Re Redwater Energy Corporation, 2016 ABQB 278, discussing arguments raised in the case and the Alberta Energy Regulator’s position on them. As well, recent decisions from the Alberta Surface Rights Board are also commented on to highlight the difficulty regulators are having when faced with constitutional questions stemming from an insolvency. This paper is part of a collection presented at LESA’s 2016 The Constitution in the Insolvency Tool Box program.
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62005.03Recent case law has considered the extent of insolvency legislation’s rehabilitative power. This paper examines the impact of recent decisions from the Supreme Court of Canada, suggesting that an individual found guilty of professional misconduct can likely avoid fines and costs imposed by a professional regulatory body by making use of insolvency proceedings. Key cases are outlined in the author’s analysis: 407 ETR Concession Co v Canada (Superintendent of Bankruptcy), 2015 SCC 52; Alberta (Attorney General) v Moloney, 2015 SCC 51; KPMG Inc v Alberta Dental Association, 2005 ABCA 101. Further, limitations imposed by the legal system on the degree to which insolvency can impede a professional regulator’s powers are discussed, with consideration given to internal mechanisms in insolvency law, as well as the constitutional division of powers. This paper is part of a collection presented at LESA’s 2015 The Constitution in the Insolvency Tool Box program.
