August 6, 2010
On July 26, 2010, Madame Justice Horner, in the Court of Queen's Bench of Alberta concluded that "the Ascend licence fee is an allowable disbursement" in ordinary administration bankruptcy files (See the decision).
On August 5, 2010, the Office of the Superintendent of Bankruptcy (OSB) filed an application for leave to appeal this decision. Pending the outcome of the appeal, the OSB will continue to consider software fees as overhead and not as allowable disbursements chargeable to the estate.
Elisabeth Lang, LL.B
Director General, Program Policy and Regulatory Affairs