- Re Manitok Energy Inc, 2022 ABCA 260 – Successful appeal regarding the enforceability of a sale approval and vesting order granted in a proposal proceeding pursuant to the Bankruptcy and Insolvency Act prior to a receivership. The dispute concerned whether certain proceeds described in the court approved sale agreement were secured or unsecured assets due to the subsequent receivership of the debtor. The Court of Appeal of Alberta held that the sale approval and vesting order vested the assets absolutely in our client, the appellant. The assets were found to be subject to the sale approval and vesting order and the appellant was entitled to the assets.
- Air X Chartered Limited v Avmax Aircraft Leasing Inc, 2022 ABQB 355 – Represented lessees of aircraft operating in Europe. After obtaining two separate injunctions permitting our clients to continue leasing the aircraft despite allegations of breaches by the lessor, we successfully obtained a third anti-suit injunction requiring a related dispute to be heard in Alberta. The lessor had sought that the related dispute be heard in Malta. The Court held that lessors had acted in an improper manner.
- Canadian Western Bank v Shamrock Valley Enterprises Ltd, 2022 ABQB 331 – Successfully opposed request by defendant debtors to appoint case management over five actions. The defendants sought to raise the same or similar defences and requested that the five actions be heard in a coordinated manner. The Court held that there were no efficiencies to be gained by coordinating the actions given the different factual inquiries required to be undertaken in each action. Acted for the lender.
- Re Sultan Management Group, 2022 ABQB 262 – Successfully obtained a bankruptcy order against a debtor despite procedural and substantive objections made by the debtor. Arguments by debtor included that an act of bankruptcy had not been proven, that the application for bankruptcy order did not satisfy formal requirements, and that the application was an abuse of process. Acted for the lender and petitioning creditor, Royal Bank of Canada.
- Polaris Financial Management Limited v AuVert Mining Group Inc, 2022 ABQB 419 – Opposed application by defendants to strike or stay two actions on grounds that the two actions constituted litigation by installments. Successful in having application dismissed. Opposed separate application by defendants to strike portions of client’s affidavits on grounds that evidence was protected by privilege. Substantially successful in the result.
- Graham Construction and Engineering Inc v Alberta (Minister of Infrastructure), 2019 ABQB 543 – Litigation on Public Works Act claim filed by client as sub-subcontractor to an insolvent subcontractor. Client received payment in full for its claim. The issue of special priority to Public Works Act claimants in an insolvency context was novel and had not been determined by Alberta courts in the past
- BullRun Capital Inc v GrowMax Resources Corp, 2019 ABQB 107 – In the context of a heated proxy contest, successfully challenged use of an advance notice by-law and obtained declaration that by-law had been complied with. Also sought and obtained appointment of an independent chair for the shareholders meeting.
- Northern Sunrise County v Virginia Hills Oil Corp, 2019 ABCA 61 – Successfully represented Bank against challenge by various municipalities to a distribution order made in the context of a receivership. Municipalities had argued for secured creditor status due to special lien.
- Steam Whistle Brewing Inc v Alberta Gaming and Liquor Commission, 2018 ABQB 476 – First successful challenge to a law under section 121 of the Constitution Act. Alberta beer mark-up regime declared unconstitutional and client awarded $163,964.98 in restitution.
He | HimAssociate, Litigation & Dispute Resolution
Expertise Construction & Infrastructure Corporate Commercial Litigation Litigation & Dispute Resolution Municipal, Land Use Planning & Development Restructuring & Insolvency