b"TRENDING DECISIONSCASE SUMMARY OF SIGNIFICANT ISSUES STATUS OF APPEALManitok Energy Inc. Is the intention of parties for a producingDiscontinuance of appeal filed with Alberta Court of(Alberta) royalty in certain oil and gas properties to be inAppeal dated July 30, 2018.interest in land sufficient to create such an inter-est in circumstances, where, among other things, there is a fixed quantity of production and in the absence of a right of entry on the land.PricewaterhouseCoopersCan a trustee in bankruptcy, in reliance on theProceedings in the Court of Queens Bench concluded Inc., as trustee in bank- transfer at undervalue provisions of the BIADecember 17, 2018.Judgment under reserve.ruptcy of Sequoia Resourcesunwind an oil and gas transfer betweenCorp. v. Perpetual Energyrelated companies.Inc., et al. Can a bankruptcy trustee void a transaction on (Alberta) grounds of public policy and statutory illegality.Resolute FP Canada Inc.,Does a vendor, or any of its corporate successors,The appeal was heard by the Supreme Court of Canada on et al. v. Her Majesty thelose the benefit of a previously held indemnityMarch 28, 2019.Queen as represented by(specifically an indemnity relating to environ-the Ministry of the At- mental liabilities) once it transfers the indemnity torney General to a purchaser in a sale transaction?(Ontario)Northern Sunrise CountyAre municipalities claims for linear propertyThe Court of Appeal dismissed the appeal, confirming v. Virginia Hills Oil Corp. taxes considered to be unsecured claims underthat claims by municipalities for linear property taxes are (Alberta) the BIA? considered to be unsecured claims under the BIA.Royal Bank of Canada v.Whether a court-appointed receivers chargeOn March 25, 2019, the Court of Appeal reversed the Reid-Built Homes Ltd. securing fees and approved borrowings is discre- lower courts decision, ruling that although the court (Alberta) tionary and whether such charge is subordinatehas discretion under s. 243(6) of the BIA with respect to to a municipalitys claim for property taxes. the priority of a receiver's charge, this discretion must be exercised on a principled basis. The Court of Appeal ruled that, in this instance, the receiver has priority for its fees and disbursements.Leatherman v 0969708On a secured loan, when does the two yearThe Court of Appeal overturned the lower court decision BC Ltd limitation period to enforce security begin? and held that the two year limitation period to enforce (British Columbia) security starts from the day the security becomes enforce-able, even if demand has not been made.On October 4, 2018, the Supreme Court of Canada dis-missed the leave to appeal application.The Guarantee CompanyAre provincially created statutory trusts, spe- On January 14, 2019, the Court of Appeal reversed the of North America v. cifically trusts created under section 8 of thelower court decision and affirmed that provincially created Royal Bank of Canada Construction Lien Act (Ontario), considered tostatutory trusts do qualify as trusts under section 67 of the (Ontario) be a valid trusts for the purposes of section 67BIA. More specifically, the Court of Appeal held that sec-of the BIA tion 8 of the Construction Lien Act (Ontario) creates a valid trust that survives bankruptcy. The Court of Appeal decision is not being appealed to the Supreme Court of Canada.Volume 19 Issue 2 Rebuilding Success 31"