Kelana Holdings Ltd. v 393510 Alberta Ltd.: Civil contempt standards and implications for enforcement
A recent decision by the Alberta Court of King’s Bench in Kelana Holdings Ltd. v 393510 Alberta Ltd., 2023 ABKB 486 [Kelana],[1] provides clarity for parties looking to exercise their rights of enforcement when a party does not comply with […]
Appointing an inspector to assist with Court directed investigations in Alberta will be done sparingly
Introduction The Alberta Court of King’s Bench recently considered an application to appoint an inspector under Section 232 of the Alberta’s Business Corporations Act, RSA 2000 c B-9 (the “ABCA”). The Court in Khimji v Khimji, 2022 ABKB 829 (“Khimji”) […]
Owners beware: Factoring invoices should not be factored into the major lien fund
In Factors Western Inc. v DCR Inc., 2021 ABCA 433 (« Factors Western« ), the main issue that the Alberta Court of Appeal was faced with was determining whether or not an invoice that was factored between a project owner, a general […]
Lessons for lenders: Personal knowledge and addressing the evidentiary burden remains key
Introduction It is common for a special loans officer of a secured lender to swear an Affidavit on behalf of their financing institution in connection with enforcement proceedings. However, a recent Master’s decision, Meridian OneCap Credit Corp v Nikos Directional […]
