L. Harmer

In the context of CCAA proceedings for U.S. Steel Canada Inc. (USSC), the applicant sought approval for Transition Arrangements with its parent company, a Business Preservation Plan involving significant cash conservation measures (including suspension of pension, OPEB, and municipal tax payments), and Amended DIP Financing.

The court approved the motions, finding that the Transition Arrangements were fair and reasonable, and that the Business Preservation Plan and DIP financing were necessary to allow USSC to continue operations and pursue a restructuring solution, despite objections from the union and municipalities regarding the suspension of benefits and taxes.

In ongoing restructuring proceedings under the Companies’ Creditors Arrangement Act, the debtor company sought court approval of a coke conversion agreement with its parent corporation.

The motion was brought on an urgent basis due to operational deadlines relating to coal shipments and winter shipping constraints on the Great Lakes.

The monitor supported the agreement and reported that it would be cash‑flow positive, would recall employees from temporary layoff, and would not interfere with the ongoing sales and restructuring process.

The court held that it had jurisdiction under s. 11 of the CCAA and found the agreement appropriate in the circumstances.

A sealing order was also granted to protect confidential commercial information contained in an unredacted version of the agreement.

The Ontario College of Pharmacists brought an application for declaratory and injunctive relief against the respondents, who operated an internet pharmacy business selling prescription drugs to consumers outside Canada.

The respondents argued that their corporate restructuring, which involved an Ontario call centre processing orders for a Belize corporation, removed them from the College's jurisdiction.

The court found a sufficient connection to Ontario to engage the College's jurisdiction and determined that the sale of drugs was taking place in Ontario.

The court held that the respondents were operating a pharmacy without accreditation, selling drugs without pharmacists, and improperly using pharmacy designations, in breach of the Drug and Pharmacies Regulation Act and related legislation.

A permanent injunction was granted.