A. Mark

In the context of CCAA proceedings for U.S. Steel Canada Inc. (USSC), the applicant sought approval for Transition Arrangements with its parent company, a Business Preservation Plan involving significant cash conservation measures (including suspension of pension, OPEB, and municipal tax payments), and Amended DIP Financing.

The court approved the motions, finding that the Transition Arrangements were fair and reasonable, and that the Business Preservation Plan and DIP financing were necessary to allow USSC to continue operations and pursue a restructuring solution, despite objections from the union and municipalities regarding the suspension of benefits and taxes.

In proceedings under the Companies’ Creditors Arrangement Act, the court addressed scheduling issues for a complex multi‑party trial involving the allocation of assets among creditor groups.

The parties proposed deferring the trial from April 1, 2014 to April 28, 2014, but disagreement remained regarding whether the later date would be feasible.

The court concluded that maintaining the earlier date risked a chaotic trial and that a rolling start date would create further uncertainty.

To ensure certainty and orderly preparation, the court rescheduled the trial to begin May 12, 2014 for 20 days and set case management and trial management conferences.

The court also required all parties to provide comprehensive fee and disbursement summaries to monitor escalating litigation costs.

Following a prior decision staying the action on terms, the court determined the issue of costs arising from interlocutory motions on the Commercial List concerning enforcement of a foreign judgment and jurisdiction over the defendants.

The moving party defendants sought substantial partial indemnity costs after obtaining a stay.

The court reviewed the principles governing costs under Rule 57 of the Rules of Civil Procedure and the proportionality principle, as well as appellate guidance that costs should be fair and reasonable rather than a full indemnity of actual expenses.

Although the defendants obtained a stay, the court held that the substantive success on the motion was mixed, as the plaintiffs succeeded on the jurisdiction issue while failing on the asset‑exigibility argument.

Given the mixed success and the novelty of the jurisdiction and service ex juris issues, the court ordered that no costs be payable by any party.

Following an earlier refusal to schedule the plaintiff’s motion for summary judgment, the court directed the parties to develop a trial preparation plan.

The parties submitted a proposed plan addressing production, examinations for discovery, undertakings, interlocutory motions, witness evidence, mediation, and trial management.

The court issued detailed case management directions establishing timelines for documentary production, discoveries, undertakings, and mediation, and provided guidance on the conduct of witness evidence and trial scheduling.

The decision also required the parties to schedule discovery-related motions and a further case conference to determine time limits for the anticipated two-week trial.

The court heard two separate motions to strike or stay pending summary judgment motions on the Commercial List.

Applying the principles from Combined Air and the proportionality requirements of the Rules of Civil Procedure, the court held that concerns about the appropriateness of summary judgment motions should be addressed through case management rather than formal motions to strike.

The court reviewed the proposed summary judgment motions in both actions and concluded that neither was an appropriate candidate for summary judgment due to the complexity of the issues, the voluminous records, and the need for a full trial to appreciate the evidence.

Both summary judgment motions were directed not to proceed, and the parties were ordered to prepare for trial.