Sentences with phrase «federal paramountcy»

The appellant, the Superintendent of Bankruptcy (the «Superintendent»), argues that the doctrine of federal paramountcy renders s. 22 (4) inoperative with respect to a discharged bankrupt for two reasons.

They could challenge the constitutionality of Quebec's law and invoke federal paramountcy.

Recently, the Ontario Court of Appeal in Canada Post Corporation v Hamilton (City)[1] had an opportunity to revisit the doctrine of federal paramountcy in the context of the most exciting of subjects: community mailboxes.

If it doesn't capture them, there would be no inconsistency between the two statutes on the priority of deemed trusts, making the doctrine of federal paramountcy inapplicable and potentially leaving the door open to having deemed trusts take priority to DIP financing.

Note that the test for federal paramountcy is one of «impossibility of dual compliance», not just inconsistency.

Lemare argued that the principle of federal paramountcy rendered the provision inoperative.

• Based on the doctrine of federal paramountcy, the obligations of trustees and receivers under both the Oil and Gas Conservation Act and the Pipeline Act to abandon oil wells and pipelines; pay the costs of remediation performed by other persons; and to obey any order of the AER is in operational conflict with section 14.06 of the BIA.

Once the doctrine of federal paramountcy is applied, the claims by the DIP lenders supersede the pensioners» claims.

Finding that, the Court went on to conclude that the provincial deemed trust under the PBA applies in CCAA proceedings, subject to the doctrine of federal paramountcy, because of the Amended Initial Order, and noting that that means that when there is a CCAA liquidation proceeding, the PPSA may determine the priorities rather than the federal scheme under the BIA (Indalex, para 52), since analogous priorities are not set out in the CCAA.

In this case, the deemed trust did not take priority over DIP lenders due to the doctrine of federal paramountcy.

Aside from the inapplicability of federal paramountcy, an additional problem is that the provincial PPSAs and pension benefits legislation are not identical in their treatment of deemed trusts in relation to security interests arising under the PPSAs.

Unless the SCC strikes down the applicable Criminal Code provision in Carter, the Bill is vulnerable to the constitutional law doctrine of federal paramountcy.

On November 13, 2015, the Supreme Court of Canada (SCC) confirmed, in a series of three decisions, that any provincial law that is operationally inconsistent with the federal bankruptcy scheme, or that frustrates its rehabilitative purpose, is of no force and effect — but left the future of the federal paramountcy test to be addressed further on another day.

However, the Court nevertheless addressed the constitutional issue, finding Part II of the SFSA to be inoperative by virtue of the doctrine of federal paramountcy.

A statutory deemed trust under provincial legislation such as the PBA continues to apply in federally ‑ regulated CCAA proceedings, subject to the doctrine of federal paramountcy.

Ontario's Highway 407 Act (a debt enforcement mechanism in favour of the private owner and operator of an open - access toll highway) conflicts with the federal Bankruptcy and Insolvency Act (a discharged bankrupt is released from all provable claims) ̶ it offends the doctrine of federal paramountcy and is inoperative to the extent of the conflict.

As a result of the application of the doctrine of federal paramountcy, the DIP charge supersedes the deemed trust.

It submits she erred in (a) concluding that Part II of the SFSA was not rendered inoperative by the doctrine of federal paramountcy, (b) finding that 3L Cattle is not insolvent, and (c) deciding that, in any event, it would not be just or convenient to appoint a receiver.