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Friday, February 01, 2019 @ 8:34 AM

Tenancy in common offers oil and gas joint ventures little protection oilandgas_business_sm

Oil and gas contracts in the joint venture context often provide that parties own assets as “tenants in common” (see for example the Canadian Association of Petroleum Landmen Operating Agreements). In addition, the default position under the Law of Property Act, RSA 2000, c L-7 is that co-owners of property hold their interests as tenants in common (s. 8), unless the parties vary the relationship by contract. ... [read more]

Thursday, January 31, 2019 @ 5:18 PM

SCC rules bankrupt oil firm’s assets must meet provincial cleanup obligations ahead of paying secured creditors  Chief Justice Richard Wagner

The Supreme Court of Canada has ruled 5-2 that the trustee of a bankrupt Alberta oil and gas company must first use the money in the bankrupt’s estate to satisfy provincial requirements to remediate the company’s disowned non-producing oil and gas assets, ahead of making payments to the company’s creditors in line with the federal Bankruptcy and Insolvency Act (BIA). ... [read more]

Thursday, January 31, 2019 @ 2:03 PM

Time to expand analysis of the merits in all class actions classaction_arrow_sm

Class actions are complicated and expensive. They carry significant risk. As a result, the vast majority of class actions settle prior to trial, and a substantial proportion settle relatively soon after a successful certification motion. Because parties are generally unwilling to fight a matter through trial, the certification motion becomes the inevitable battleground for disputes. ... [read more]

Thursday, January 31, 2019 @ 1:56 PM

PROCEEDINGS - Constitutional issues - Federal v. provincial jurisdiction

Appeal by Orphan Well Association and the Alberta Energy Regulator (Regulator) from a judgment of the Alberta Court of Appeal affirming a decision that found an operational conflict between s. 14.06 of the Bankruptcy and Insolvency Act (BIA) and the Alberta legislation. ... [read more]

Thursday, January 31, 2019 @ 1:12 PM

Cox & Palmer names seven new partners at four offices

Cox & Palmer announced that Geoff Breen (Halifax), Cindy Cameron (Summerside, P.E.I.), Matt Dorreen (Halifax), Steve Forbes (Charlottetown), Richard Norman (Halifax), Nick Ouellette (Saint John) and Mohammad Ali Raza (Halifax) have been named partners. ... [read more]

Thursday, January 31, 2019 @ 9:13 AM

Views about Drake’s 6IX trademark dispute Duellingmics_sm.jpg

If you represent Drake’s company, October’s Very Own IP Holdings (OVO), and you’re opposing registration of the trademark “6IX” by a local Toronto DJ, and you think it’ll be a slam dunk because Drake (the Raptors’ global ambassador) has been synonymous with the 6IX since the 2014 announcement of his original album title Views from the 6 — think again! ... [read more]

Wednesday, January 30, 2019 @ 11:44 AM

Couples join less in holy matrimony and more in heavenly ignorance Bride&Groom_sm.jpg

The 2019 Metro Convention Centre Canada’s Bridal Show had an unexpected visitor; namely, the family law firm of Gelman and Associates. They registered a booth, sat down in pairs and watched happy couples walk by and stare at them in bewilderment. ... [read more]

Wednesday, January 30, 2019 @ 8:47 AM

Cannabis legalization ignores First Nations | Pamela Palmater

For decades, federal and provincial governments, through their local, regional and national police agencies and court systems, have arrested, charged and imprisoned thousands of First Nations people for engaging in the cannabis trade. Many had hoped that Prime Minister Justin Trudeau’s stated commitment to renewing the relationship with Indigenous peoples and his desire to legalize cannabis would help address many issues, one of which being the crisis-level over-incarceration of Indigenous peoples. ... [read more]

Wednesday, January 30, 2019 @ 8:25 AM

Oppression Remedy: The two-step BCE Test explained unfair_fight_sm

The oppression remedy is easy to claim. A claimant must only meet the low bar of unfairness. As it appears to arise from any unwelcome conduct, and the breadth of the statutory language makes it easy to apply to a broad range of conduct, it can be appended to any corporate misconduct claim. It is typically used in actions involving closely held corporations. ... [read more]

Tuesday, January 29, 2019 @ 9:02 AM

New immigration options flowing from CPTPP immigration_approved_sm

On Dec. 30, 2018, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) came into force, opening new avenues for immigration for citizens of member countries. ... [read more]