Trending Decisions Cases we are Following By Natasha MacParland and Natalie Renner INSOLVENCY CASES UNDER APPEAL CASE SUMMARY OF SIGNIFICANT ISSUES STATUS OF APPEAL Canada v. Canada North Group Inc. (Alberta) Do “super priority” charges granted in a Companies’ Creditors Arrange- ment Act initial order (including debtor in possession and administra- tive charges) have priority over a statutory deemed trust for unremitted source deductions? Appeal to the Alberta Court of Appeal heard in September 2018. Awaiting reasons. Orphan Well Assn. v. Grant Thornton Ltd. (Alberta) In an insolvency, do environmental claims relating to oil and gas wells that are abandoned and, subject to remediation, have priority over the rights of secured creditors? Can the Alberta Energy Regulator prevent the abandonment or dis- claimer of, or require the remediation of, a debtor’s assets by a receiver or bankruptcy trustee? Appeal to the Supreme Court of Canada heard on February 15, 2018. Awaiting Reasons. Callidus Capital Corpora- tion v. 9354-9186 Quebec Inc. [Bluberi Gaming Tech- nologies Inc.] (Quebec) Can a debtor whose sole remaining asset is a litigation claim seek court approval to obtain litigation financing to pursue the litigation, or does such course of action itself constitute a plan which should be submit- ted to and subject to the vote of creditors? Leave to appeal to the Court of Appeal of Quebec granted on April 20, 2018. Third Eye Capital Corpora- tion v. Ressources Dianor Inc. / Dianor Resources Inc. (Ontario) Two issues: 1.  Whether gross overriding royalties attached to mining claims are interests in land? 2.  Whether, and under what circumstances, a judge has the jurisdiction to extinguish a third party’s interest in land using a vesting order? 1.  Motion to extend time to file leave to appeal to Supreme Court of Canada until deter- mination by the Ontario Court of Appeal on the second issue granted on June 21, 2018. Writ- ten updates on status of Ontario Court of Appeal hearing submit- ted on October 19, 2018. 2. Written submissions on the second issue due to the Ontario Court of Appeal in August 2018. Urbancorp Toronto Management Inc. (Re) (Ontario) Whether the principal of a group of companies can use corporate entities to pay his debts and the debts of other companies he controls, or whether such payments are transactions at undervalue and/or fraudulent conveyances? Scheduled to be heard by the Ontario Court of Appeal on March 28, 2019. Canada v. Toronto-Domin- ion Bank (Federal/Quebec) Is a secured creditor required to reimburse payments made to it by a borrower who failed to remit GST source deductions, or do the deemed trust provisions require a “triggering event”; i.e. bankruptcy of the debtor, realization of security or requirement to pay? Application for leave to appeal to the Federal Court of Appeal filed June 22, 2018. Parties have filed their written submissions. The following is a table of current cases of interest to the Canadian insolvency community as of November 29, 2018, as prepared by Natalie Renner and Natasha MacParland of Davies. 34 Rebuilding Success Spring/Summer2019