Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Supreme Court (Canada) |
| Judge | Wagner, Richard; Abella, Rosalie Silberman; Moldaver, Michael J.; Karakatsanis, Andromache; Gascon, Clément; Côté, Suzanne; Brown, Russell |
| Citation | 2019 SCC 5 |
| Date | 31 January 2019 |
| Docket Number | 37627 |
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128 practice notes
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Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41
...Credit Corp. — Canada v. T.C.T. Logistics Inc., 2006 SCC 35, [2006] 2 S.C.R. 123; Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5, [2019] 1 S.C.R. 150; Endean v. British Columbia, 2016 SCC 42, [2016] 2 S.C.R. 162. By Jamal J. ......
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Reference re Greenhouse Gas Pollution Pricing Act, 2020 ABCA 74
...statutes come into legislative conflict, and not in the absence of federal jurisdiction: Orphan Well Association v Grant Thornton, 2019 SCC 5, para 66, 430 DLR (4th) [1036] I have already found that the national concern doctrine engages exclusive jurisdiction in the federal government over ......
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Reference re Code of Civil Procedure (Que.), art. 35,
...2 S.C.R. 696; Chatterjee v. Ontario (Attorney General), 2009 SCC 19, [2009] 1 S.C.R. 624; Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5, [2019] 1 S.C.R. 150; Saskatchewan (Attorney General) v. Lemare Lake Logging Ltd., 2015 SCC 53, [2015] 3 S.C.R. 419; 114957 Canada Ltée (......
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Table of Cases
...157 Orphan Well Association v Grant Thornton Ltd (the Redwater case), 2017 ABCA 124, 50 Alta LR (6th), rev’d 2019 SCC 5, 430 DLR (4th) 1 ......................... xix, 80, 109, 279 , 339, 415 Ostrander v Niagara Helicopters Ltd (1973), 1 OR (2d) 281, 40 DLR (3d) 161 (H Ct J) .......... 736 ......
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59 cases
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Reference re Greenhouse Gas Pollution Pricing Act, 2020 ABCA 74
...statutes come into legislative conflict, and not in the absence of federal jurisdiction: Orphan Well Association v Grant Thornton, 2019 SCC 5, para 66, 430 DLR (4th) [1036] I have already found that the national concern doctrine engages exclusive jurisdiction in the federal government over ......
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Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41
...Credit Corp. — Canada v. T.C.T. Logistics Inc., 2006 SCC 35, [2006] 2 S.C.R. 123; Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5, [2019] 1 S.C.R. 150; Endean v. British Columbia, 2016 SCC 42, [2016] 2 S.C.R. 162. By Jamal J. ......
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Reference re Code of Civil Procedure (Que.), art. 35,
...2 S.C.R. 696; Chatterjee v. Ontario (Attorney General), 2009 SCC 19, [2009] 1 S.C.R. 624; Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5, [2019] 1 S.C.R. 150; Saskatchewan (Attorney General) v. Lemare Lake Logging Ltd., 2015 SCC 53, [2015] 3 S.C.R. 419; 114957 Canada Ltée (......
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Sedgwick v Edmonton Real Estate Board Co-Operative Listing Bureau Limited (Realtors Association of Edmonton),
...interpretation cannot justify finding unexpressed legislative intentions”); Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5, para 88, [2019] 1 SCR 150 (“This Court has no option other than to accede to the clear intention of Parliament”); 9354-9186 Québec ......
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55 firm's commentaries
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2019 Year In Review At The Supreme Court Of Canada
...Tétrault's post on Teranet here. Read the full decision here. 8. Orphan Well Association v. Grant Thornton Ltd. (Alberta, civil by leave) 2019 SCC 5: In Orphan Well, the Court addressed the critical interplay between federal insolvency law and provincial environmental regulations. At issue ......
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Court Of Appeal Finds Federal Impact Assessment Act Unconstitutional
...emissions. 8 Paras 409-420. 9 Para 421. 10 Para 423. 11 Para 740. 12 Para 740. 13 See, e.g., Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5; Reference re Environmental Management Act, 2021 SCC 1; and References re Greenhouse Gas Pollution Pricing Act, 2019 SCC 11. About BLG The co......
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2019 In Review: Top Judicial Decisions And Trends In Canada's Energy Industry
...decisions that are of the greatest import to the Alberta and Canadian energy industries. Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 At the end of January, the Supreme Court of Canada issued its much-anticipated judgment in the so-called Redwater decision. The decision followed......
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Super-Priority For Environmental Obligations In Insolvency Law
...In its analysis, the Court extensively discussed the Supreme Court of Canada's decision in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 (Redwater). In reference to Redwater, the Court posed the following Did the Supreme Court of Canada intend to extend the "polluter pays" princi......
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12 books & journal articles
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Table of Cases
...157 Orphan Well Association v Grant Thornton Ltd (the Redwater case), 2017 ABCA 124, 50 Alta LR (6th), rev’d 2019 SCC 5, 430 DLR (4th) 1 ......................... xix, 80, 109, 279 , 339, 415 Ostrander v Niagara Helicopters Ltd (1973), 1 OR (2d) 281, 40 DLR (3d) 161 (H Ct J) .......... 736 ......
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Environmental Policy is Economic Policy: Climate Change Policy and the General Trade and Commerce Power.
...of those same securities. (60) External costs were also an issue in the recent decision of Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5. In that case, the Supreme Court denied an attempt to avoid environmental costs associated with well reclamation through (61) Vapor, supra note......
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BIA Claims
...costs should be valued in bankruptcy con‑ tinues to be the subject of litigation. In Orphan Well Association v Grant Thornton Ltd , 2019 SCC 5, excerpted below, the Supreme Court was asked to adjudicate the costs of plugging and capping abandoned oil wells. Applying the test in Abitibi , a ......
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Constitutional Aspects and the Judicial and Administrative Structure of the Bankruptcy System
...and not by the Courts. 6 To the surprise of many insolvency practitioners and commentators, the majority of the Supreme Court of Canada (2019 SCC 5) overturned the Alberta Court of Appeal decision. The Majority ruled that there was no conlict between the provincial regulatory regime and fed......
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