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Other than cash, a standby letter of credit LoC is generally considered the most liquid form of performance security. While beneficiaries generally believe drawing on an LoC should be a relatively simple process, many do not understand the extent to which the counterparty could try to stop you. This issue was addressed in Pacific Atlantic Pipeline Construction v. Coastal Gaslink Pipeline Ltd 2023 ABKB 736.
Paul W. Swensson, 78, passed away on Nov. 17, 2023, surrounded by his family. Paul was born in Juneau, Alaska. Raised on Mercer Island and in Bremerton, he spent most of his life …
The Saskatchewan Court of Appeal has confirmed that the Supreme Court of Canada s decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5 [Redwater], applies in Saskatchewan. The Court of Appeal also affirmed that orders made in failed proceedings in Alberta under the Companies Creditors Arrangement Act did not have effect in subsequent receivership proceedings in Saskatchewan. The Court held that the CCAA proceedings did not impose payment obligations on Bow River outside of the statutory requirements already present. Additionally, the CCAA proceedings did not establish a trust that favored the Rural Municipalities.