Daniel D. Dimovski

In the context of CCAA proceedings, representative counsel for pharmacist franchisees brought a motion for approval of their fees and disbursements totaling approximately $1.95 million.

The Pharmacy Franchisee Association of Canada and several individual pharmacists objected to the fees on various grounds, including the allocation of fees and the overall amount.

The court dismissed the objections, finding that the fees were properly allocated based on when claims were resolved and that the total amount was fair and reasonable given the complexity of the matter, the time expended, and the results achieved.

The fee request was approved in full.

In the context of CCAA proceedings for Target Canada, the Monitor brought a motion for a declaration that the claim of a pharmacist franchisee, T-Pharma, was fully and finally resolved except for the amount to be deducted for mitigation.

The assignee of the claim opposed the motion, raising various issues including claims for reimbursement of bank loans and legal retainers.

The court found that the respondent's objections were impermissible collateral attacks attempting to re-litigate issues already decided by the Claims Officer and upheld on appeal.

The court granted the Monitor's declaration and set a schedule for determining the final mitigation amount.