TaxSave appealed a motion judge's decision treating its claim for 50% of a tax refund as an ordinary unsecured claim under Gilmore Printing's CCAA plan of arrangement.
The Court of Appeal allowed the appeal, finding that the claim was a contingent claim expressly carved out of the plan and not compromised.
TaxSave was entitled to its full 50% share of the refund, as there were no other claimants to the fund and other creditors had been satisfied.
