On 28 July 2021, the Supreme Court of Canada (SCC) released its decision in The Queen v. Canada North Group Inc., 2021 SCC 30. In its decision, the SCC dismissed the Crown’s appeal of an order made under the Companies’ Creditors Arrangement Act (CCAA), rejecting the position that court-ordered super-priority charges (or “priming charges”) could not take priority over the deemed trust for unremitted source deductions created by subsection 227(4.1) of the Income Tax Act (ITA).
A narrow majority of …