Secured creditors and environmental liabilities: The Qualex quagmire continues

Tamara Farber and Craig Mills of Miller Thomson describe how the stakes in the appeal of the Qualex case in Alberta – which potentially opens the door for the creation of a super-priority for environmental remediation obligations even in the absence of an environmental order or formal insolvency proceedings – are rising, with the recent decision of the Alberta Court of Appeal granting leave to intervene to the Canadian Bankers Association.