Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32

"...Rule” (2012), 75 M.L.R. 112. APPEAL from a judgment of the Alberta Court of Appeal (Rowbotham, Veldhuis and Wakeling JJ.A.), 2019 ABCA 32, 438 D.L.R. (4th) 195 , 70 C.B.R. (6th) 1 , 91 B.L.R. (5th) 1 , [2019] A.J. No. 99 (QL), 2019 CarswellAlta 125 (WL Can.), setting aside a decision o..."

"...advocate for the date the contingency fee agreement was re-executed, August 31, 2016. [3] Capital Steel Inc. v. Chandos Construction Ltd., 2019 ABCA 32, ¶ 190; 438 D.L.R. 4th 195, 259, aff’d, 2020 SCC 25, per Wakeling, J.A. (“Freedom of contract is a fundamental value in ..."

"...63 (refd) Deloitte Restructuring Inc in its Capacity as Trustee in Bankruptcy of Capital Steel Inc, a Bankrupt v Chandos Construction Ltd 2019 ABCA 32 (refd) Dunlop Pneumatic Tyre Co, Ltd v New Garage and Motor Co, Ltd [1915] AC 79 (folld) Elsey & Co Ltd v Hyde (9 June 1926), Divisional Cou..."

"...Notice” is reproduced verbatim in paragraph 32 of this judgment. [17] Capital Steel Inc. v. Chandos Construction Ltd., 2019 ABCA 32, ¶ 106; 438 D.L.R. 4th 195, 241, majority aff’d, 2020 SCC 25, per Wakeling, [18] R.S.A. 2000, c. H-7. [19] Appeal Panel Decision ¶ 88, ..."

"...in Deloitte Restructuring Inc in its Capacity as Trustee in Bankruptcy of Capital Steel Inc, a Bankrupt v Chandos Construction Ltd 2019 ABCA 32 (“Capital Steel Inc”). In this case, the agreement between a contractor and subcontractor stated that in the event the subcontractor entered insolv..."

"...[2004] OJ No 4879 ......................................................................351 Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32, 2019 CarswellAlta 125 ..... 228, 326 Cargill Ltd v Meyers Norris Penny Ltd , 2008 MBCA 104, 47 CBR (5th) 214 ................................."

"...& Ann M Mirabito, "The Death of Contracts" (2014) 52:2 Duq L Rev 345. (158) See e.g. Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32 (stating that "[w]hile freedom of contract is a bedrock community value, it is not the only ideal our society cherishes and protects. Some cont..."

"...to them, and efectively divert the value to an unsecured creditor, is void. The majority in Capital Steel Inc v Chandos Construction Ltd , 2019 ABCA 32, leave to appeal allowd ( Capital Steel ), airmed this view. Aircell Communications Inc (Trustee of ) v Bell Mobility Cellular Inc , 2013 O..."

"...as inefective within the context of bankruptcy. This was observed in the recent case of Capital Steel Inc v Chandos Construction Ltd , 2019 ABCA 32, leave to appeal allowed ( Capital Steel ). In Capital Steel , the majority of the Alberta Court of Appeal voided a contractual penalty imposed..."

"...by the courts, and there is a need for a more clear and modern test, as recently recognized in Capital Steel v Chandos Constructions Ltd, 2019 ABCA 32 ("Chandos"), per Wakeling JA (in An Overlooked and Under-Considered Threshold to the Penalty Rule There is a threshold issue to each analysi..."

"...this decision will be an important development in Canadian insolvency law. Footnotes Captial Steel Inc v. Chandos Construction Ltd., 2019 ABCA 32 Chandos at para Belmont Park Investments Pty Ltd. v. BNY Corporate Trustee Services Ltd. (2011), [2011] UKSC 38 see Chandos at para 46 Chandos at..."

"...of Canada (the SCC) granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32 [Chandos]. In a previous blog post, we considered the Alberta Court of Appeal's decision with respect to the enforceability of contract liqui..."

"...of Canada recently granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32. The case addresses the enforceability of clauses that impose monetary consequences for breach of contract, particularly where those consequen..."

"...not violate the anti-deprivation rule. Footnotes 1. 2020 SCC 25 Chandos v Deloitte.. 2. Alta. Q.B., Edmonton, 242169632, 17 March 2017. 3. 2019 ABCA 32, 438 D.L.R (4th) 4. Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd, 2011. UKSC 38 Belmont Park.. 5. Ibid at para 104..."

"...[2004] OJ No 4879 ......................................................................351 Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32, 2019 CarswellAlta 125 ..... 228, 326 Cargill Ltd v Meyers Norris Penny Ltd , 2008 MBCA 104, 47 CBR (5th) 214 ................................."

"...& Ann M Mirabito, "The Death of Contracts" (2014) 52:2 Duq L Rev 345. (158) See e.g. Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32 (stating that "[w]hile freedom of contract is a bedrock community value, it is not the only ideal our society cherishes and protects. Some cont..."

"...to them, and efectively divert the value to an unsecured creditor, is void. The majority in Capital Steel Inc v Chandos Construction Ltd , 2019 ABCA 32, leave to appeal allowd ( Capital Steel ), airmed this view. Aircell Communications Inc (Trustee of ) v Bell Mobility Cellular Inc , 2013 O..."

"...as inefective within the context of bankruptcy. This was observed in the recent case of Capital Steel Inc v Chandos Construction Ltd , 2019 ABCA 32, leave to appeal allowed ( Capital Steel ). In Capital Steel , the majority of the Alberta Court of Appeal voided a contractual penalty imposed..."

"...Rule” (2012), 75 M.L.R. 112. APPEAL from a judgment of the Alberta Court of Appeal (Rowbotham, Veldhuis and Wakeling JJ.A.), 2019 ABCA 32, 438 D.L.R. (4th) 195 , 70 C.B.R. (6th) 1 , 91 B.L.R. (5th) 1 , [2019] A.J. No. 99 (QL), 2019 CarswellAlta 125 (WL Can.), setting aside a decision o..."

"...advocate for the date the contingency fee agreement was re-executed, August 31, 2016. [3] Capital Steel Inc. v. Chandos Construction Ltd., 2019 ABCA 32, ¶ 190; 438 D.L.R. 4th 195, 259, aff’d, 2020 SCC 25, per Wakeling, J.A. (“Freedom of contract is a fundamental value in ..."

"...63 (refd) Deloitte Restructuring Inc in its Capacity as Trustee in Bankruptcy of Capital Steel Inc, a Bankrupt v Chandos Construction Ltd 2019 ABCA 32 (refd) Dunlop Pneumatic Tyre Co, Ltd v New Garage and Motor Co, Ltd [1915] AC 79 (folld) Elsey & Co Ltd v Hyde (9 June 1926), Divisional Cou..."

"...Notice” is reproduced verbatim in paragraph 32 of this judgment. [17] Capital Steel Inc. v. Chandos Construction Ltd., 2019 ABCA 32, ¶ 106; 438 D.L.R. 4th 195, 241, majority aff’d, 2020 SCC 25, per Wakeling, [18] R.S.A. 2000, c. H-7. [19] Appeal Panel Decision ¶ 88, ..."

"...in Deloitte Restructuring Inc in its Capacity as Trustee in Bankruptcy of Capital Steel Inc, a Bankrupt v Chandos Construction Ltd 2019 ABCA 32 (“Capital Steel Inc”). In this case, the agreement between a contractor and subcontractor stated that in the event the subcontractor entered insolv..."

"...by the courts, and there is a need for a more clear and modern test, as recently recognized in Capital Steel v Chandos Constructions Ltd, 2019 ABCA 32 ("Chandos"), per Wakeling JA (in An Overlooked and Under-Considered Threshold to the Penalty Rule There is a threshold issue to each analysi..."

"...this decision will be an important development in Canadian insolvency law. Footnotes Captial Steel Inc v. Chandos Construction Ltd., 2019 ABCA 32 Chandos at para Belmont Park Investments Pty Ltd. v. BNY Corporate Trustee Services Ltd. (2011), [2011] UKSC 38 see Chandos at para 46 Chandos at..."

"...of Canada (the SCC) granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32 [Chandos]. In a previous blog post, we considered the Alberta Court of Appeal's decision with respect to the enforceability of contract liqui..."

"...of Canada recently granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32. The case addresses the enforceability of clauses that impose monetary consequences for breach of contract, particularly where those consequen..."

"...not violate the anti-deprivation rule. Footnotes 1. 2020 SCC 25 Chandos v Deloitte.. 2. Alta. Q.B., Edmonton, 242169632, 17 March 2017. 3. 2019 ABCA 32, 438 D.L.R (4th) 4. Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd, 2011. UKSC 38 Belmont Park.. 5. Ibid at para 104..."