Lyndon Barnes

The moving parties sought leave to appeal an order approving a settlement in the CCAA proceedings of Nortel Networks.

The Court of Appeal denied leave, finding no procedural or substantive unfairness in the settlement.

The motion judge had carefully balanced the various interests at stake and made no demonstrable error.

The moving party, a tobacco company, sought leave to intervene in an appeal concerning whether a proposed contingency fee arrangement between the plaintiff and her counsel violated the Champerty Act.

The moving party also sought to expand the evidentiary record.

The court dismissed the motion, finding that the moving party did not have a direct interest in the fee arrangement dispute and that expanding the record would unduly delay the appeal.