Environmental Law Issues for Lenders | Practical Law

Environmental Law Issues for Lenders | Practical Law

This Practice Note provides an overview of the risks to a lender arising from the environmental liabilities of a borrower and ways in which a lender can identify or mitigate those risks. Given recent court decisions that prioritize the use of funds from a debtor or debtor’s estate (in the event of insolvency/restructuring/bankruptcy) to address environmental liabilities, lenders should be mindful of when additional protection might be warranted.

Environmental Law Issues for Lenders

Practical Law Canada Practice Note w-037-9979 (Approx. 19 pages)

Environmental Law Issues for Lenders

by By Tamara Farber (Partner – Environmental Law) and Craig Mills (Partner – Restructuring and Insolvency), Miller Thomson LLP, with assistance from Patryk Sawicki, articling student with Practical Law Canada Finance and Practical Law Canada Insolvency & Restructuring
Law stated as at 06 Jun 2024Canada (Common Law)
This Practice Note provides an overview of the risks to a lender arising from the environmental liabilities of a borrower and ways in which a lender can identify or mitigate those risks. Given recent court decisions that prioritize the use of funds from a debtor or debtor’s estate (in the event of insolvency/restructuring/bankruptcy) to address environmental liabilities, lenders should be mindful of when additional protection might be warranted.