Evan Wilfred Cobb

The Bondfield Group, a major construction company, sought CCAA protection due to insolvency, over $1 billion in active contracts, and over 200 lawsuits.

The application was unopposed and resulted from extensive stakeholder negotiations.

The court granted an initial order for CCAA protection, including a stay of proceedings, approval of a tailored $8 million Debtor-in-Possession (DIP) facility funded by Zurich Insurance, an Administration Charge for professional fees, and a Directors' Charge for $3 million (excluding John Aquino).

The court emphasized the public interest in completing critical infrastructure projects and the preference for CCAA over receivership to preserve enterprise value.

The applicant sought an order approving the sale of its assets to a purchaser under the Companies' Creditors Arrangement Act.

The transaction was a credit-bid that would result in the continuation of a substantial portion of the business, saving jobs and stores.

An unsecured creditor objected because the transaction did not treat all unsecured creditors equally, as the purchaser assumed only certain critical supplier liabilities.

The court approved the transaction, finding that under s. 36 of the CCAA, there is no requirement that all creditors be treated equally in a sale, and the transaction was more beneficial than a liquidation.

The Ontario Nurses Association (ONA) brought a motion under the CCAA seeking an order to restructure the Victorian Order of Nurses for Canada (VON Canada) pension plan.

The ONA proposed transferring assets and liabilities related to VON Ontario employees into a new pension plan and sought a declaration that VON Ontario was not jointly and severally liable for any pension deficits.

The court dismissed the motion, finding that the ONA's proposal did not advance the CCAA's policy objectives of fostering going concern restructuring and avoiding liquidation.

The court also applied the business judgment rule, deferring to VON Canada's board decision to maintain the status quo, and deemed the request for a declaration on future liabilities premature and speculative.

The United Steelworkers Local Union 2251, supported by USW Local 2724 and Essar Algoma retirees, brought a motion to qualify a "Subject Bidder" as a Phase II Bidder in a Companies' Creditors Arrangement Act (CCAA) proceeding.

The Subject Bidder had been disqualified by Essar Algoma, its Chief Restructuring Advisor, Financial Advisor, and the Monitor for failing to provide satisfactory evidence of financial capability to consummate a transaction.

The union argued it was not properly consulted in the disqualification decision and that it should have been allowed to meet with the Subject Bidder.

The court dismissed the motion, finding that the union's consultation rights under the Sale and Solicitation Process (SISP) did not extend to decisions on a bidder's financial capability, and that the court should not second-guess the business judgment of the CCAA applicants and their professionals.

In the context of CCAA restructuring proceedings, the applicants sought approval of a grievance claims procedure to resolve approximately 3,000 outstanding grievances.

USW Local 2251 opposed the motion, arguing that the CCAA stay did not apply to grievances, that imposing a new procedure impermissibly amended the collective agreement, and that staying the grievance process violated section 2(d) of the Charter.

The court granted the motion, holding that the CCAA permits staying grievance procedures and imposing a claims process, which does not constitute an amendment to the collective agreement.

The court also found no Charter violation and held that under the doctrine of paramountcy, the CCAA stay provisions prevail over the grievance arbitration requirements in the provincial Labour Relations Act.

Applicants sought an initial order under the Companies’ Creditors Arrangement Act to obtain court protection while restructuring a national not‑for‑profit healthcare organization suffering significant liquidity shortfalls.

The court found the applicants insolvent and satisfied that the statutory requirements for CCAA protection were met.

The court granted a stay of proceedings, approved a modified cash management system, appointed a monitor and chief restructuring officer, and approved administration and directors’ charges and a key employee retention plan.

The court also appointed a receiver over certain intellectual property and goodwill to enable terminated employees to access benefits under the Wage Earner Protection Program Act.

A comeback hearing was scheduled to permit creditors to raise concerns.

The applicant sought court sanction of a plan of compromise and arrangement under the Companies’ Creditors Arrangement Act to resolve extensive litigation arising from the audit of Castor Holdings Ltd. The plan involved contributions from partners, insurers, and related entities totaling approximately $220 million and included third‑party releases.

A creditor group opposed the sanction, arguing that the releases violated Quebec civil law and that the claims process was unfair.

The court rejected these objections, finding the expert evidence unreliable, confirming that federal insolvency law permits third‑party releases notwithstanding provincial law, and concluding the plan was fair and reasonable given overwhelming creditor approval.

The plan was sanctioned.

A supplier sought specific performance of a master services agreement during proceedings under the Companies’ Creditors Arrangement Act, arguing that deferred implementation fees constituted payment for post‑filing licensed software use and therefore fell within the supplier payment exception in s. 11.01(a).

The court examined the contractual structure separating implementation services from ongoing outsourcing services and held that the implementation fee related to historical system development completed before the CCAA initial order.

Because the services associated with the implementation fee were performed pre‑filing, the claim constituted a pre‑filing debt subject to the stay of proceedings.

The exception in s. 11.01(a) applies narrowly and only to goods or services provided after the initial order.

The motion seeking payment of deferred implementation fees and related amounts was dismissed.

The applicants, a wireless telecommunications group operating under the Mobilicity brand, sought protection under the Companies’ Creditors Arrangement Act due to significant debt obligations and an imminent liquidity crisis.

The court considered approval of an Initial Order including debtor‑in‑possession financing, administration charges, continuation of a chief restructuring officer, and a stay of proceedings affecting related oppression litigation.

Applying the statutory factors in s. 11.2 of the CCAA, the court held that the proposed DIP financing and related charges were reasonable and necessary to maintain stability and preserve the possibility of a going‑concern restructuring or sale.

The court rejected objections from a major secured creditor and concluded that the financing structure would not materially prejudice creditors because it ranked subordinate to existing first‑lien security.

The Initial Order was therefore granted.

The respondents brought a motion to stay an oppression application commenced by a significant noteholder under a corporate debt indenture.

They argued that a “no action” clause in the indenture barred the proceeding unless procedural preconditions were satisfied, including notice to the trustee and trustee enforcement.

The court held that although no‑action clauses are often interpreted broadly, their scope depends on the wording of the indenture and the trustee’s contractual powers.

Because the trustee’s enforcement authority under the indenture was limited to pursuing payment defaults, it did not extend to bringing oppression proceedings.

The applicant’s oppression claim was therefore not captured by the clause and the motion to stay was dismissed.

The appellant faced allegations before the Ontario Securities Commission regarding an alleged Ponzi scheme.

He sought a third-party production order from a court-appointed receiver in an unrelated proceeding to obtain documents for his defence.

The motion judge granted partial production.

On appeal, the Court of Appeal held that the appellant was not an 'interested person' in the receivership because he sought the documents for a collateral purpose.

Furthermore, the Court found it inappropriate for the Superior Court to make interlocutory procedural orders regarding a proceeding pending before a tribunal.

The appeal was dismissed and the receiver's cross-appeal was allowed.

The moving party sought production of documents and information held by a court‑appointed receiver in connection with an investigation related to alleged securities fraud proceedings before the Ontario Securities Commission.

The court considered whether the principles governing third‑party production established in R. v. O'Connor and R. v. McNeil applied to records held by a receiver acting as an officer of the court.

It held that although receivers generally are not required to disclose investigative materials beyond their reports, that protection cannot override an accused’s constitutional right to make full answer and defence.

Applying the O'Connor framework, the court required the moving party to demonstrate that the requested records were “likely relevant.” Only limited categories of documents met that threshold, including certain materials from lawyers, the accountant, and recovered emails, while most requests were rejected as speculative fishing expeditions.

The moving parties, officers and directors of the Gandi Group, sought leave to appeal a motion judge's order in CCAA proceedings.

The motion judge had limited their indemnity claims to specific corporate entities, subordinated one claim to a major creditor, and characterized the indemnity claims as 'equity claims' under the CCAA, thereby subordinating them to unsecured creditors.

The Court of Appeal applied the Stelco test and denied leave to appeal, finding the issues were either factual, not of significance to the practice, or lacked prima facie merit.