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Supreme Court of Canada Grants Leave to Appeal in Redwater

Published: 11/09/2017

Team: Jeffrey Oliver, Danielle Maréchal

On November 9, 2017, the Supreme Court of Canada granted the Orphan Well Association and Alberta Energy Regulator leave to appeal the Alberta Court of Appeal’s closely watched decision in Orphan Well Association v. Grant Thornton Limited (2017 ABCA 124), which is also known as Redwater.  The decisions of the Court of Queen’s Bench and the Court of Appeal in Redwater examined the complex intersection between insolvency and provincial energy and environmental regulatory law in the petroleum production industry, affirming the protections afforded receivers and trustees in, and the priority structure contemplated by, section 14.06 of the Bankruptcy and Insolvency Act.  The appeal will be heard by the Supreme Court of Canada on an expedited basis, likely by Spring 2018.

Grant Thornton Limited, the receiver of Redwater Energy Corp., is represented by Jeff Oliver and Danielle Maréchal of Cassels Brock & Blackwell LLP in Calgary and Tom Cumming of Gowling WLG, also in Calgary.