Randal Van de Mosselaer practises in the areas of insolvency, restructuring and commercial litigation. He has represented clients before all levels of the courts in both Alberta and Saskatchewan, as well as in the Supreme Court of Canada.
Randal's practice includes a broad range of insolvency, restructuring, and commercial litigation matters, including representing and advising debtors, secured and unsecured creditors; and other stakeholders in Companies' Creditors Arrangement Act proceedings, receiverships and bankruptcies, as well as representing and advising court-appointed officers including monitors, receivers and trustees in bankruptcy. He has also dealt with numerous fraudulent conveyance and preference claims, as well as mortgage foreclosure actions.
Randal has represented clients on commercial litigation matters, including energy/oil and gas disputes, contractual disputes, shareholders' disputes, real estate disputes, and professional negligence claims.
After being admitted to the Saskatchewan Bar in 1993, Randal clerked with Mr. Justice Major of the Supreme Court of Canada in 1994.
Representative Work
Insolvency and Restructuring
- A trustee and receiver in the liquidation of an oil and gas company
- A secured lender to a real estate development company that had filed for protection under the Companies’ Creditors Arrangement Act
- A trustee appointed pursuant to a Bankruptcy and Insolvency Act proposal filed by an investment company
- Several related real estate development companies that had filed for CCAA protection
- A major Canadian bank in negotiating and enforcing the terms of a forbearance agreement by the appointment of a receiver over the debtor oilfield services company
Litigation and Dispute Resolution
- A senior producer in the arbitration of disputes with the province of Alberta relating to allowable costs for royalty calculation purposes
- An international oil and gas producer in a dispute with a supplier of a gas processing plant
- A national restaurant franchisor in a contractual dispute with a supplier
- A fruit and vegetable importer and distributor from a passing-off action brought by a competitor
- A court-appointed inspector appointed pursuant to the Business Corporations Act to investigate alleged improprieties in a private company
Latest Insights
-
Osler Update Jun 16, 2022
A bid to attract business: amendments to Alberta’s Business Corporations Act
Aiming to attract and retain business and investment in the province, Alberta modernizes its Business Corporations Act with significant amendments.
Read more
-
Osler Update Apr 4, 2022
Court of Queen’s Bench of Alberta concurrently approves sales process and transaction proposed by stalking horse bidder
On March 30, 2022, the Court of Queen’s Bench of Alberta issued an order simultaneously approving a sales solicitation process and a transaction...
Read more
-
Osler Update Feb 2, 2021
Sequoia Resources: Environmental obligations and the role of the trustee in bankruptcy
The Alberta Court of Appeal has released its reasons in PricewaterhouseCoopers Inc. v Perpetual Energy Inc., 2021 ABCA 16.
Read more
-
Osler Update Sep 4, 2019
Deemed trusts and priming charges: The Alberta Court of Appeal affirms the priority of CCAA charges over Crown deemed trusts in Canada North Group
The majority of the Alberta Court of Appeal held in Canada v. Canada North Group Inc., 2019 ABCA 314 that priming charges granted in a CCCA Initial...
Read more
Awards and Recognition
-
The Canadian Legal Lexpert Directory: Recognized in Insolvency & Financial Restructuring – Insolvency Litigation
-
Best Lawyers in Canada: Recognized in Insolvency and Financial Restructuring Law
-
Benchmark Litigation Canada: Recognized in Dispute Resolution; Energy; Insolvency (Litigation Star)
-
Robertson Stromberg Scholarship for Achievement in First Year Law
-
Alastair M. Nichol Scholarship for Achievement in Second Year Law
-
Law Society of Saskatchewan Academic Excellence Award, 1993
Media Mentions
-
Osler News Jan 27, 2020
29 Osler lawyers recognized in Benchmark Litigation 2020
Osler is proud to announce that 29 of our litigation lawyers appear in Benchmark Litigation’s 2020 issue of Benchmark Canada, their annual...
Read more -
Osler News Apr 5, 2017
Osler welcomes new Insolvency and Restructuring partner Randal Van de Mosselaer to Calgary office
Osler is pleased to welcome Randal Van de Mosselaer to the firm as a partner in our leading Insolvency & Restructuring Group.
Read more
Community Involvement
- L’Arche Association of Calgary, Past Board Member and Chair of Audit and Bylaw Committee.
- L’Arche Canada Foundation, Member of the Board.
Speaking and Writing
Published Work
- “Court of Queen’s Bench of Alberta concurrently approves a sales process and the transaction proposed by the stalking horse bidder”, National Creditor Debtor Review, Vol. 37, No. 2, June 2022 (with Emily Paplawski and Ilia Kravtsov).
- “Canada North Group Inc: Priming Charges in a CCAA Enjoy Priority over Crown Deemed Trusts”, CAIRP, September 2019.
- Annual Review of Insolvency Law Conference, “Oil and Gas Joint Operations and Insolvency: Who’s In Charge Here Anyway?”, Dr. Janis P Sarra et al, eds, Annual Review of Insolvency Law 2018, (Toronto: Carswell, 2019) 943.
- National Insolvency Review, “Joint Operations and Insolvent Operators: Change of Operatorship During a Recievership”, (2018) Nat. Insol. Review, Vol. 35, No. 4, August 2018.
- Randal Van de Mosselaer joins Osler and other moves and grooves for April 10, Financial Post, April 10, 2017.
- National Insolvency Review, “What You Don’t Say Binds You – The Latest Chapter in the Ongoing Clash between the CCAA and the Alberta Energy Regulator”, (2016) Nat. Insol. Review, Vol. 33, No. 2, April 2016.
- “Joint Operations in Stormy Markets: Strategies to Mitigate Risk Arising from Joint-Operator Insolvency”, March 2016, LinkedIn.
- “Sabine Oil & Gas Corporation: Rejection of Gas Gathering Agreements in a Restructuring”, March 2016, LinkedIn.
- “An early warning alarm: Alberta court rules on shareholder disclosure obligations in proxy battles”, The Lawyers Weekly, October 11, 2013.
- “Upon Further Review: Trustee’s Disallowance of a Previously Allowed Claim”, National Insolvency Review (2012) Nat. Insol. Review, Vol. 29, No. 3, June 2012.
- “Jurisdiction of a Registrar in Bankruptcy”, National Creditor/Debtor Review, September 2011.
Credentials
Education
- University of Saskatchewan, LL.B.(Great Distinction)
- University of Saskatchewan, B.A. (Distinction)
Languages
- English
Professional Affiliations
- Law Society of Alberta
- Law Society of Saskatchewan
- Turnaround Management Association
- St. Thomas More Lawyers Guild of Calgary
- Insolvency Institute of Canada / L'Institut d'insolvabilite du Canada
- National Creditor Debtor Review, LexisNexis, Member of Editorial Board
- Instructor, Legal Education Society of Alberta: “A day in the life of civil litigator”, 2013
- Instructor, Legal Education Society of Alberta Admissions Course: Civil Litigation, Creditor/Debtor law, 2001-2002
- Canadian Bar Association (Bankruptcy and Insolvency subsection, Alberta Branch, Past Chair)
