Jesse Kugler

The court issued a case management endorsement to schedule an application for judicial review of an arbitrator's decision.

The hearing was scheduled to proceed by ZOOM videoconference before a three-judge panel of the Divisional Court.

The court provided detailed procedural directions for the electronic filing of materials, including factums, compendiums, and authorities, via an electronic drop box.

The unions sought leave to appeal an order granting super priority to a DIP lender over provincial pension legislation in a CCAA restructuring.

The Court of Appeal denied leave, finding the proposed appeals lacked sufficient merit.

The court upheld the motion judge's application of the doctrine of paramountcy, agreeing that without the DIP financing and super priority, the objectives of the CCAA would be frustrated and the company would be forced into bankruptcy.