John MacDonald

In the context of ongoing CCAA proceedings, the applicants and various equipment financiers reached an impasse regarding the wind-down plan and a proposed going-concern sale of the logistics business.

The applicants sought a monetization order, an increase in the administration charge, and lien regularization, which were unopposed and granted by the court to maintain operations.

Due to significant disputes over the sale and liquidation of assets, the court adjourned the contested motions, including several lift-stay motions brought by creditors, and ordered the parties to attend mandatory mediation before a former Commercial List judge.

The plaintiff, a 62-year-old managerial employee with 38 years of service, was terminated without cause shortly after the onset of the COVID-19 pandemic.

He brought a motion for summary judgment seeking damages for wrongful dismissal, including a 30-month notice period, lost Restricted Stock Units (RSUs), and bonuses.

The court granted summary judgment, awarding a 27-month notice period due to exceptional circumstances, including his age, lengthy service, specialized skills, and the economic impact of the pandemic.

The court also awarded damages for RSUs that would have vested during the notice period, finding the termination provisions did not unambiguously oust his common law entitlements, but dismissed the claim for discretionary bonuses.

The applicant, an automotive components manufacturer, sought protection under the Companies' Creditors Arrangement Act due to severe financial difficulties.

After extensive negotiations with secured lenders and key customers, the applicant proposed a strategic sale process with a stalking horse bidder, supported by a DIP facility.

The court granted the Initial Order, finding the applicant insolvent and the proposed stay of proceedings, DIP facility, and bidding procedures to be reasonable and necessary to preserve the business and employment.

ERM brought motions to consolidate four related actions arising from environmental contamination and a remediation agreement, and to strike the property owners' claims for contribution, indemnity, and nuisance.

The court dismissed the motion to consolidate, finding that the actions should be tried together to avoid prejudice to the plaintiffs' right to separate counsel and to prevent circumvention of limitation periods.

The court also dismissed the motions to strike, holding that the claims for contribution and indemnity were not premature given ongoing Ministry of the Environment involvement, and that it was not plain and obvious the nuisance claims would fail.