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Motion for proprietary interest in HBC historical assets and $30 million restitution dismissed for lack of evidence.
Robert Rene Turpin brought a motion within the CCAA proceedings of the Hudson's Bay Company (HBC) seeking a declaration of a proprietary interest in the HBC Charter and historical assets, a $30 million restitution order, and a stay of the distribution of Hardship Funds and the auction of HBC assets.
He claimed a 10-generation lineage to ancestors who allegedly held land in the Red River Settlement.
The court dismissed the motion, finding that the archival records relied upon by the moving party documented employment relationships, not property ownership.
The court held that the moving party failed to meet the evidentiary burden to establish a proprietary claim and that the Monitor had no duty to investigate unsubstantiated historical assertions.
US Chapter 11 confirmation order recognized; bar order request dismissed.
The foreign representative of a Chapter 11 debtor group brought a motion for recognition in Canada of a US Bankruptcy Court confirmation order approving a reorganization plan.
The motion was unopposed.
A group of co-defendants in Canadian opioid litigation sought a bar order (Pierringer-type protection) as a term of the recognition order, which was opposed by a provincial government.
The court granted the recognition order, finding no public policy grounds under s. 61(2) of the CCAA to refuse recognition and that the new plan's consensual-only third-party releases were consistent with Canadian insolvency law.
The court declined to impose the bar order, distinguishing the applicable authorities and holding that the co-defendants' position arose from the plan's releases — not from a prior government stipulation — and that the co-defendants had already received bar order protection in a separate settlement.
