Ashley Taylor

A self-represented litigant in a complex CCAA proceeding brought a motion requesting that all proceedings involving him be conducted entirely in writing as an accommodation for his documented disabilities (ASD, ADHD, and Dyslexia).

The court balanced the litigant's accommodation needs against the rights of other stakeholders and the need for real-time litigation in restructuring proceedings.

The court denied the blanket request for all future hearings to be in writing, finding it would cause undue hardship and prejudice to other parties.

However, the court directed that the litigant's specific motion regarding his proprietary claims to certain assets proceed entirely in writing, subject to a strict timetable.

The Opposing Landlords sought costs after successfully opposing the debtor Applicants' motion to assign 25 commercial leases to a third party in a CCAA proceeding.

The court found that the dispute was a classic adversarial proceeding, entitling the successful landlords to costs.

The court awarded partial indemnity costs to the landlords, including additional costs to Ivanhoe Cambridge for opposing ipso facto relief.

However, the court deferred payment of the costs until the end of the CCAA proceeding to avoid unfairly prejudicing the secured creditors' collateral before priorities are finally determined.