Canada v. Canada North Group Inc., 2019 ABCA 314

JudgeRowbotham,Wakeling,Schutz
Citation2019 ABCA 314
Date29 August 2019
CourtCourt of Appeal (Alberta)
Docket Number1703-0237-AC

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36 practice notes
  • Canada v. Canada North Group Inc.,
    • Canada
    • Supreme Court (Canada)
    • July 28, 2021
    ...APPEAL from a judgment of the Alberta Court of Appeal (Rowbotham, Wakeling and Schutz JJ.A.), 2019 ABCA 314, 93 Alta. L.R. (6th) 29 , 437 D.L.R. (4th) 122 , 72 C.B.R. (6th) 161 , 95 B.L.R. (5th) 222 , [2019] 12 W.W.R. 635 , 11 P.P.S.A.C. (4th) 157 , 2019 D.T.C. 5111 , [2019] A.J. No.......
  • R v Baker,
    • Canada
    • Court of Appeal (Alberta)
    • April 25, 2023
    ...rule and, in effect, change the legislative text, forget that they are judges and not legislators: Canada v Canada North Group Inc, 2019 ABCA 314 at para 112, 437 DLR 4th 122 per Wakeling, J.A. (“Fidelity to statutory text is a fundamental feature of statutory interpretation. Courts ......
  • Agrium v Orbis Engineering Field Services, 2022 ABCA 266
    • Canada
    • Court of Appeal (Alberta)
    • August 8, 2022
    ...& Greckol, JJ.A. (“Words cannot be given a meaning they cannot possibly bear”); Canada v. Canada North Group Inc., 2019 ABCA 314, ¶ 112; 437 D.L.R. 4th 122 , 172, aff’d, 2021 SCC 30 per Wakeling, J.A. (“Fidelity to statutory text is a fundamental feat......
  • 2023 ABCA 136,
    • Canada
    • January 1, 2023
    ...rule and, in effect, change the legislative text, forget that they are judges and not legislators: Canada v Canada North Group Inc, 2019 ABCA 314 at para 112, 437 DLR 4th 122 per Wakeling, J.A. (“Fidelity to statutory text is a fundamental feature of statutory interpretation. Courts ......
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15 cases
  • Canada v. Canada North Group Inc.,
    • Canada
    • Supreme Court (Canada)
    • July 28, 2021
    ...APPEAL from a judgment of the Alberta Court of Appeal (Rowbotham, Wakeling and Schutz JJ.A.), 2019 ABCA 314, 93 Alta. L.R. (6th) 29 , 437 D.L.R. (4th) 122 , 72 C.B.R. (6th) 161 , 95 B.L.R. (5th) 222 , [2019] 12 W.W.R. 635 , 11 P.P.S.A.C. (4th) 157 , 2019 D.T.C. 5111 , [2019] A.J. No.......
  • R v Baker,
    • Canada
    • Court of Appeal (Alberta)
    • April 25, 2023
    ...rule and, in effect, change the legislative text, forget that they are judges and not legislators: Canada v Canada North Group Inc, 2019 ABCA 314 at para 112, 437 DLR 4th 122 per Wakeling, J.A. (“Fidelity to statutory text is a fundamental feature of statutory interpretation. Courts ......
  • Agrium v Orbis Engineering Field Services, 2022 ABCA 266
    • Canada
    • Court of Appeal (Alberta)
    • August 8, 2022
    ...& Greckol, JJ.A. (“Words cannot be given a meaning they cannot possibly bear”); Canada v. Canada North Group Inc., 2019 ABCA 314, ¶ 112; 437 D.L.R. 4th 122 , 172, aff’d, 2021 SCC 30 per Wakeling, J.A. (“Fidelity to statutory text is a fundamental feat......
  • 2023 ABCA 136,
    • Canada
    • January 1, 2023
    ...rule and, in effect, change the legislative text, forget that they are judges and not legislators: Canada v Canada North Group Inc, 2019 ABCA 314 at para 112, 437 DLR 4th 122 per Wakeling, J.A. (“Fidelity to statutory text is a fundamental feature of statutory interpretation. Courts ......
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20 firm's commentaries
  • Alberta Court Of Appeal Releases Anticipated Decision In Canada v Canada North Group Inc.
    • Canada
    • Mondaq Canada
    • September 9, 2019
    ...Oliver and Mary I.A. Buttery, Q.C., with Jared Enns, of Cassels Brock & Blackwell LLP. Footnotes 1 Canada v Canada North Group Inc, 2019 ABCA 314 (Canada North), which upheld the decision of Justice Topolniski in: Canada North Group Inc, 2017 ABQB (550) (the Chambers Decision) 2 Temple ......
  • SCC Grants Leave To Appeal Priority Of CCAA Charges Over Federal Source Deduction Deemed Trusts
    • Canada
    • Mondaq Canada
    • April 13, 2020
    ...tax claims. We note, however, that the SCC refused leave to appeal Edmonton v. Alvarez.16 Footnotes 1 Canada v. Canada North Group Inc., 2019 ABCA 314. 2 Her Majesty the Queen v. Canada North Group Inc., et al., 2020 CanLII 23629 3 Companies' Creditors Arrangement Act, RSC 1985, c C-36. 4 I......
  • A Divided Court Dismisses CRA Appeal And Upholds CCAA Super-Priority Charges
    • Canada
    • Mondaq Canada
    • October 28, 2019
    ...the importance of this issue to both the Crown and to restructuring generally, this decision is likely not the last word. Footnotes [1] 2019 ABCA 314 [Canada [2] Canada North, ibid., at para 7 [3] CCAA, ss. 11.2(1) and (2), 11.51(1) and (2) and 11.52(1) and (2) [4] Income Tax Act, ss. 227(4......
  • CCAA Priming Charges May Supersede Statutory Deemed Trusts
    • Canada
    • Mondaq Canada
    • November 4, 2019
    ...Canada v. Canada North Group Inc., 2019 ABCA 314, the Court of Appeal of Alberta (the “ABCA”) upheld the decision of the Court of Queen's Bench of Alberta (the “Lower Court”), which held that the Companies' Creditors Arrangement Act (the “CCAA”) permits courts to subordinate statutory deeme......
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