Saskatchewan’s PPSA Amendments – How Will Changes to Conflicts of Laws Rules be Implemented? Part 2
As we summarized in a recent Financial Services & Insolvency Communiqué, Saskatchewan has introduced Bill 151 (the Bill) which amends The Personal Property Security Act, 1993 (Saskatchewan) (the PPSA or the Act). Over the coming weeks and months our Saskatchewan...
Conflicted About Choice of Law? Saskatchewan’s PPSA Amendments on Conflicts of Laws Rules – Part 1
As we summarized in a recent Financial Services & Insolvency Communiqué, Saskatchewan has introduced Bill 151 (the Bill) which amends The Personal Property Security Act, 1993 (Saskatchewan) (the PPSA or the Act). Over the coming weeks and months our Saskatchewan...
Secured Lenders Beware! Saskatchewan is Proposing to Create a Superpriority for Employer Obligations to Pension Plans
Will this proposal capture unfunded liabilities under defined benefit pension plans? As we summarized in a recent Financial Services & Insolvency Communiqué, Saskatchewan has introduced Bill 151 (the Bill) which amends The Personal Property Security Act, 1993 (Saskatchewan) (the PPSA...
New Saskatchewan Prompt Payment Legislation For Construction Projects: How Will it Impact Lenders?
Following the lead of Ontario, Saskatchewan has introduced amendments to The Builders’ Lien Act to provide for a “prompt payments” regime. Although the amendments are aimed at the timing and process for payment of invoices as between owners, developers, contractors...
PPSA Amendments are Coming to Saskatchewan
Saskatchewan has introduced Bill 151 (the Bill) which amends The Personal Property Security Act, 1993 (Saskatchewan) (the PPSA or the Act) bringing some important changes to the PPSA that will affect secured creditors and borrowers. Bill 151 received first reading...
Lenders and their Counsel Walking on Sunshine: Court of Appeal Clarifies Section 4 of the Interest Act in Solar Power Decision
Introduction On September 4, 2018, Ontario’s Court of Appeal released its much anticipated decision in the case of Solar Power Network Inc. v. ClearFlow Energy Finance Corp.[1] In the original decision, an application judge found that the use of an...
Secured Creditor’s Priority Over Unremitted GST/HST: SCC Grants Callidus Capital Corporation Leave to Appeal
On March 22, 2018, the Supreme Court of Canada granted Callidus Capital Corporation (the “Secured Creditor”) leave to appeal the Federal Court of Appeal decision that interpreted subsection 222(3) of the Excise Tax Act (Canada) (the “ETA”) as giving the...
FCAC Releases Report on the Retail Sales Practices of Canada’s Big Six Banks
On March 20th 2018, the Financial Consumer Agency of Canada (FCAC) released a report regarding the sales practices of Canada’s “big six” banks (BMO, Bank of Nova Scotia, CIBC, National Bank, RBC, and TD). The FCAC is the regulator responsible...
The Solar Power Decision: A Matter of Interest
Introduction On January 10, 2018 the Ontario Superior Court of Justice released its decision in Solar Power Network Inc. v ClearFlow Energy Finance Corp, 2018 ONSC 7286; leave to appeal granted on February 15, 2018 (the “Solar Decision”). This decision,...
Securing Water Rights: Analyzing the Water Act, Case Law and Lessons for Lenders in Alberta
Water rights vary from province to province; in Alberta water rights are primarily covered by the Water Act (the “Act”).[1] Under the Act, there are three primary ways that an agricultural business may divert water: Water License Exempted Agriculture User...
