Shawn T. Irving

In the context of CCAA proceedings for Target Canada, the Monitor brought a motion for a declaration that the claim of a pharmacist franchisee, T-Pharma, was fully and finally resolved except for the amount to be deducted for mitigation.

The assignee of the claim opposed the motion, raising various issues including claims for reimbursement of bank loans and legal retainers.

The court found that the respondent's objections were impermissible collateral attacks attempting to re-litigate issues already decided by the Claims Officer and upheld on appeal.

The court granted the Monitor's declaration and set a schedule for determining the final mitigation amount.

In the context of CCAA proceedings, representative counsel for pharmacist franchisees brought a motion for approval of their fees and disbursements totaling approximately $1.95 million.

The Pharmacy Franchisee Association of Canada and several individual pharmacists objected to the fees on various grounds, including the allocation of fees and the overall amount.

The court dismissed the objections, finding that the fees were properly allocated based on when claims were resolved and that the total amount was fair and reasonable given the complexity of the matter, the time expended, and the results achieved.

The fee request was approved in full.

In the context of Target Canada's CCAA proceedings, the Monitor sought advice and directions on whether to accept amended claims filed by Bell Canada and Bell Nexxia.

Bell sought to increase its original claims by approximately $4.1 million due to inadvertent calculation errors discovered after the claims bar date and after the original claims were admitted.

Target Corporation opposed the amendment.

Applying the Blue Range test, the court found that Bell acted in good faith, the errors were inadvertent, and admitting the amended claims would not cause relative prejudice to other creditors.

The court directed the Monitor to accept the amended claims for review, with Bell to bear the reasonable costs incurred by the Monitor and Target Canada due to the error.

The appellants appealed decisions of the Ontario Securities Commission finding that they engaged in insider trading after receiving material non-public information from an administrative assistant at an investment bank.

The Commission relied on circumstantial evidence, including the proximity of telephone calls to highly profitable trades.

The Divisional Court dismissed the appeals, holding that the Commission's inferences were reasonable and that the use of compelled examination transcripts was procedurally fair.

The Court also upheld the sanctions, which included trading bans, administrative penalties, and disgorgement orders.

The applicant, a minority shareholder, sought standing to bring an application under section 127 of the Securities Act to delay a special meeting and require corrective disclosure in a management information circular regarding a related party transaction.

The respondent brought a motion to deny standing.

The Commission granted the motion and denied standing, finding that the application raised no novel issues, the alleged disclosure deficiencies had already been widely debated in the market, and intervening at a late stage would unduly interfere with the justified expectations of market participants.

The moving parties, a group of affiliated companies, sought leave to appeal a judgment setting aside an ex parte CCAA Initial Order.

The respondents, creditors of a Singapore subsidiary, successfully argued before the application judge that the CCAA court lacked jurisdiction over the subsidiary.

A single judge of the Court of Appeal held he had jurisdiction to hear the leave motion but refused leave, finding no error in the application judge's conclusion that the real debtors were Singapore companies with little connection to Canada and that the evidence did not support the initial ex parte findings of insolvency and intertwined finances.

Skyservice Airlines Inc. went into receivership leaving unpaid airport and air navigation charges.

The airport authorities and NAV Canada obtained orders to seize and detain aircraft leased by Skyservice to recover the amounts owed.

The aircraft lessors appealed, arguing that Skyservice no longer 'owned or operated' the aircraft at the time of the applications due to the receivership, suspension of its air operator certificate, and the lessors' attempts to terminate the leases.

The Court of Appeal dismissed the appeal, applying the Supreme Court of Canada's decision in Canada 3000, holding that Skyservice remained the registered owner and operator in possession of the aircraft at the relevant time, and the statutory detention remedy takes priority over the lessors' property interests.

The appellants appealed an order of the Superior Court of Justice.

The Court of Appeal for Ontario dismissed the appeal, agreeing with the reasons of the motion judge and finding the appeal had no merit.

Costs were awarded to the respondents.

Sears Holdings Corporation appealed a decision of the Ontario Securities Commission regarding its insider bid for Sears Canada Inc. The OSC had found that Holdings failed to comply with disclosure obligations, entered into agreements that contravened the Securities Act, and engaged in abusive and coercive conduct.

The Divisional Court dismissed the appeal, holding that the standard of review for OSC decisions interpreting its constituting statute is reasonableness simpliciter, and that the OSC's findings and remedies were reasonable.