Jennifer Lynne Harnum

The applicant brought a motion in writing for an order compelling the Immigration Appeal Division to provide a written transcript of her oral testimony as part of its certified record for her underlying application for judicial review.

The Tribunal had uploaded the audio recording of the proceedings.

The Federal Court dismissed the motion, holding that Rule 17(d) does not impose a statutory obligation on the Tribunal to prepare a written transcript where one was not already prepared for its file, and the provision of the audio recording was sufficient.

In a Companies’ Creditors Arrangement Act restructuring, the applicants sought court approval of a sale transaction to BlackRock Kelso Capital Corporation, authorization to assign certain store leases and designated contracts, and related relief.

A former employee also moved to be appointed as representative of terminated employees and to appoint representative counsel funded from transaction proceeds to assist with potential Wage Earner Protection Program Act claims.

The court approved the sale transaction and the assignment of leases and contracts under ss. 36 and 11.3 of the CCAA, finding the sale process reasonable and the transaction maximized value while preserving employment and ongoing operations.

The court declined to appoint representative counsel for terminated employees, holding the proceeding lacked the complexity seen in cases such as Nortel and Canwest, and that WEPPA claims could be addressed in the anticipated bankruptcy process by the trustee.

Funding representative counsel from the purchaser’s transaction funds was also found inappropriate.

In a bankruptcy proceeding, the trustee sought an order permitting employees and retirees of the bankrupt corporation who were creditors to nominate and vote on the election of inspectors at the first meeting of creditors.

Section 113(3) of the Bankruptcy and Insolvency Act generally prohibits employees from voting on the appointment of inspectors unless the court grants permission.

The court considered the circumstances, including that employee severance claims and pension deficit claims constituted a substantial portion of the unsecured creditor claims and that no party opposed the request.

The court concluded it was fair and appropriate to allow employees and retirees who were creditors to participate in the election of inspectors, subject to the standard requirements for filing proofs of claim and vote counting under the Act.