Her Majesty the Queen in Right of the Province of Newfoundland and Labrador v. Abitibibowater Inc., et al. (Supreme Court of Canada)

Client

Friends of the Earth Canada

Date

November 2011

Represented the environmental group Friends of the Earth Canada, as intervener, on an appeal to the Supreme Court of Canada centered on environmental legacy costs in restructurings under the Companies' Creditors Arrangement Act. The appeal was heard on November 16, 2011 and the Supreme Court has reserved its decision. The Supreme Court's decision will impact, among other things, the ability of Provinces (and the Federal Government) to regulate and enforce environmental laws in the context of insolvency proceedings under the Companies' Creditors Arrangement Act and the Bankruptcy and Insolvency Act, as well as on the "eve" of such proceedings.

Co-counsel with EcoJustice Canada