Feb 17, 2021

Bankruptcy & Insolvency: Priorities

Canada v. Canada North Group Inc., 2019 ABCA 314 (CanLII)
Alta. Q.B. issued an order granting several insolvent corporations protection under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36. The Court provided charges in favour of the court-appointed Monitor, the interim financier and the corporate directors were to take priority over the claims of secured creditors and provided that they were not to be limited or impaired by the federal or provincial statutes. The Crown applied to vary the order, arguing that, notwithstanding any other federal statute, the Income Tax Act, among other statutes, provide the Crown’s claims for unremitted source deductions with priority over all other creditors’ claims.  The chambers judge found that the Companies’ Creditors Arrangement Act gives the court the ability to rank court-ordered priority charges ahead of the Crown’s interest in deemed trusts created by the Income Tax Act. The C.A. dismissed the appeal.