b'Trending DecisionsCases we are followingBy Natasha MacParland and Natalie Renner, Davies Ward Phillips & Vineberg LLPThe following is a table of current cases of interest to the Canadian insolvency community as of June 21, 2019, as prepared by Natalie Renner and Natasha MacParland of Davies.INSOLVENCY CASES UNDER APPEALCASE SUMMARY OF SIGNIFICANT ISSUES STATUS OF APPEALCanada v. Canada NorthDo super priority charges granted in a Compa- Appeal to the Alberta Court of Appeal heard inGroup Inc. (Alberta) nies Creditors Arrangement Act initial order (in- September 2018.cluding debtor in possession and administrativeAwaiting reasons.charges) have priority over a statutory deemed trust for unremitted source deductions?Orphan Well Assn. v.In an insolvency, do environmental claims relat- The Supreme Court of Canada released its decision on Grant Thornton Ltd.ing to oil and gas wells that are abandoned and,January 31, 2019, ruling that the environmental remedia-(Alberta) subject to remediation, have priority over thetion obligations of bankrupt oil and gas companies mustrights of secured creditors? be fulfilled in priority over all other claims, including Can the Alberta Energy Regulator prevent thesecured claims.abandonment or disclaimer of, or require theSection 14.06(4) of the BIA does not prevent theremediation of, a debtors assets by a receiver orreceiver or trustee from having to comply with thebankruptcy trustee? remediation orders.Callidus Capital Can a debtor whose sole remaining asset is aIn a unanimous decision released on February 4, 2019, the Corporation v. 9354-9186litigation claim seek court approval to obtainCourt of Appeal reversed the lower courts decision. Quebec Inc. [Bluberilitigation financing to pursue the litigation, orThe Court of Appeal ruled that:Gaming Technologies Inc.]does such course of action itself constitute a plan Litigation financing cannot be authorized to pursue a (Quebec) which should be submitted to and subject to thedebtors litigious claim, in the absence of an approved vote of creditors? CCAA plan, where creditor rights are affected and where there are viable alternatives for creditor recovery. Litigation funding forming the basis of a plan of ar-rangement must be disclosed in full to creditors in the context of CCAA proceedings, subject only tolitigation privilege.An application for leave to appeal to the Supreme Court of Canada was filed on April 5, 2019. Volume 19 Issue 2 Rebuilding Success 29'