Hannah Davis

The appellant, Canada Forgings Inc., appealed the dismissal of its procurement law claim against Atomic Energy of Canada Limited (AECL).

The trial judge had found the claim statute-barred by the two-year limitation period and rejected the procurement law arguments, concluding no "Contract A" was formed.

The trial judge also ruled a Deloitte Report inadmissible.

The Court of Appeal upheld the trial judge's decision, finding the reasons sufficient, the limitations analysis correct, the procurement law findings sound (no duty of fairness without Contract A), and the Deloitte Report properly excluded due to prior rulings and privilege.

The appeal was dismissed, and the costs award from the trial was upheld.

The applicant, CCI Bioenergy Inc., sought an interlocutory injunction to compel the respondent, Veolia Water Canada, Inc., to continue an agreement for organic waste processing services and to reinstate two of CCI's employees, following an explosion at the facility and subsequent termination of services by Veolia.

The court applied the three-part test for interlocutory injunctions, finding the injunction sought was mandatory, requiring a strong prima facie case.

The court determined that CCI failed to establish a strong prima facie case or demonstrate irreparable harm, and that the balance of convenience favored Veolia due to the breakdown of trust and potential safety issues.

The motion for injunction was dismissed, but a sealing order for CCI's financial statements and personal employee information was granted.

Costs were awarded to Veolia.

This motion was brought by BBB Canada Ltd. to terminate its Companies' Creditors Arrangement Act (CCAA) proceedings.

The applicant sought orders to terminate the CCAA proceedings, discharge the Monitor, terminate and discharge various charges, grant releases to specified parties, and approve the Monitor's numerous reports, actions, and fees.

The motion was unopposed.

The court found that the CCAA proceedings were nearly complete, with all major transactions finalized and claims paid.

The court was satisfied that the proceedings should be terminated, the Monitor's reports and activities approved, and the requested fees and releases granted, noting the significant contributions of the released parties and the limited scope of the releases.