Law Firm’s Administration Fees Disallowed in Great North Data Ltd....

Background This was an application by Benson Buffett (“BB”), legal counsel to PricewaterhouseCoopers (“PWC”) in its capacity as receiver of Great North Data Ltd. (“GND”), a failed cryptocurrency hosting company formerly based in Labrador City. Section 18 of the Bankruptcy and Insolvency General Rules, C.R.C, c. 368, says that “[a]ll bills of costs for legal […]

Re Norcon Marine Services Ltd.: Court-appointed vs. Private-appointed Receivers

On December 30, 2019 the Supreme Court of Newfoundland and Labrador (the “NLSC”) released its decision in Re Norcon Marine Services Ltd. (“Norcon”) dismissing both an application by a debtor, Norcon Marine Services Ltd., for creditor protection under the Companies’ Creditors Arrangement Act (the “CCAA”), and a competing application by a secured creditor, the Business […]

Environmental Obligations in Bankruptcy – Who is Responsible?

The Supreme Court of Canada (“SCC”) released its decision in Orphan Well Association v Grant Thornton Ltd., 2019 SCC 51 (“Redwater”) on January 31, 2019. The case is expected to have sweeping implications for the Oil and Gas industry in Alberta, but the implications extend beyond that industry, and beyond that province. Background In Redwater, […]

In Callidus we “Trust” – The SCC Rules on the...

Callidus Capital Corporation v. Her Majesty the Queen, 2018 SCC 47 (SCC) Callidus was a secured creditor of Cheese Factory Road Holdings Inc. Pursuant to a trust agreement, Cheese Factory held all funds received in trust for Callidus and remitted them to be applied to its debt. The amounts paid to Callidus under this arrangement […]