Business Law Section - South Video 

Nov. 18, 2021
Calgary Online

Business Law Section (South) Video

Recording from:
Thursday, November 18, 2021

Eligible Financial Contracts – What are They?

Canadian insolvency laws have provided special treatment for complex financial instruments such as swaps, forwards and other derivatives referred to in Canadian insolvency legislation as "eligible financial contracts", or "EFCs". Courts have long recognized that various types of energy trading contracts commonly entered into by energy companies to manage commodity price fluctuations and other risks inherent in their businesses may be properly characterized as EFCs. Ky and James will be discussing the purpose behind the EFC provisions in Canadian insolvency legislation and review both historical and recent court decisions surrounding EFCs and energy trading contracts in insolvency proceedings.

Ky Kvisle, Partner, Blake, Cassels & Graydon LLP
James Reid, Associate, Blake, Cassels & Graydon LLP

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