Mark Laugesen

The court-appointed Receiver of Chieftain Metals brought a motion for discharge.

The secured creditor, West Face, supported the discharge but sought a provision allowing it to move for the re-appointment of a receiver at any time in the future to facilitate a potential sale of the mining project.

The Province of British Columbia and the Taku River Tlingit First Nation opposed an open-ended right, citing environmental remediation concerns and uncertainty.

The court granted the discharge but limited the secured creditor's right to seek re-appointment to a two-year period, balancing the commercial interests with the need for certainty for the Province and First Nation.

The Ontario Nurses Association (ONA) brought a motion under the CCAA seeking an order to restructure the Victorian Order of Nurses for Canada (VON Canada) pension plan.

The ONA proposed transferring assets and liabilities related to VON Ontario employees into a new pension plan and sought a declaration that VON Ontario was not jointly and severally liable for any pension deficits.

The court dismissed the motion, finding that the ONA's proposal did not advance the CCAA's policy objectives of fostering going concern restructuring and avoiding liquidation.

The court also applied the business judgment rule, deferring to VON Canada's board decision to maintain the status quo, and deemed the request for a declaration on future liabilities premature and speculative.