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The court appointed an independent evaluator for representative counsel and approved a separate art auction.
The decision addresses motions regarding the appointment of representative counsel for current and former employees and retirees of Hudson’s Bay Company ULC and related entities in ongoing Companies’ Creditors Arrangement Act (CCAA) proceedings.
The Court declined to appoint any of the nominated law firms as representative counsel at this stage, instead appointing the Honourable Herman Wilton-Siegel as an independent third party to evaluate proposals and make a recommendation.
The Court also approved amendments to the Sale and Investment Solicitation Process (SISP) to remove the company’s art and artifact collection from the SISP and to appoint Heffel Gallery Limited to conduct a separate auction for the collection, subject to further court approval of procedures.
The reasons review the legal framework for appointing representative counsel and the importance of balancing stakeholder interests in complex insolvency proceedings.
The court granted an unopposed extension of the CCAA stay of proceedings, increased the Directors' Charge, and approved a financial advisor's engagement.
This endorsement grants a brief adjournment in the Companies’ Creditors Arrangement Act (CCAA) proceedings involving Hudson’s Bay Company ULC and related entities, following ongoing discussions between the applicants and stakeholders.
The court extends the stay of proceedings, increases the Directors’ Charge, amends the relative priorities of charges, and approves the engagement of Reflect Advisors, LLC as financial advisor.
The court finds the requested relief appropriate, unopposed, and supported by the Monitor, and orders the requested amendments to the Initial Order.
The court sanctioned the CCAA plans of major tobacco companies to effect a global settlement.
This decision sanctions the CCAA Plans of Imperial Tobacco Canada Limited, Imperial Tobacco Company Limited, JTI-Macdonald Corp., and Rothmans, Benson & Hedges Inc., effecting a global settlement of all tobacco-related claims in Canada.
The court reviews the structure, allocation, and fairness of the plans, including the creation of a $1 billion Cy-près Foundation, and addresses objections from social stakeholders.
The court finds the plans fair, reasonable, and in the public interest, and grants the requested relief, including third-party releases and the appointment of plan administrators.
Court approved CCAA plan amendments and dismissed a social stakeholder's objection for lack of standing.
This endorsement addresses motions by the court-appointed Monitors in the ongoing Companies’ Creditors Arrangement Act (CCAA) proceedings involving JTI-Macdonald Corp., Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited, and Rothmans, Benson & Hedges Inc. The Monitors sought approval for amendments to the CCAA Plans to resolve the allocation of a $750 million working capital holdback among the Tobacco Companies.
The only opposition came from the Heart and Stroke Foundation, which objected as a social stakeholder but was found to lack standing.
The court granted the motions, finding the amendments did not adversely affect any creditors and were appropriate in the circumstances.
The court granted an unopposed motion to approve a notice protocol order for class action plaintiffs.
This endorsement concerns ongoing insolvency proceedings under the Companies’ Creditors Arrangement Act (CCAA) involving JTI-Macdonald Corp., Imperial Tobacco Canada Limited, Imperial Tobacco Company Limited, and Rothmans, Benson & Hedges Inc. The specific motion, brought by the applicants, sought a Quebec Class Action Plaintiffs Notice Protocol Order.
The motion was unopposed and was granted by the court, with the requested order signed.
The court granted an unopposed motion for a Sanction Protocol Order in ongoing CCAA proceedings.
This endorsement concerns a joint motion brought by the court-appointed Monitors for JTI-Macdonald Corp., Imperial Tobacco Canada Limited, Imperial Tobacco Company Limited, and Rothmans, Benson & Hedges Inc. in their ongoing Companies’ Creditors Arrangement Act (CCAA) proceedings.
The Monitors sought a Sanction Protocol Order to establish the date for the Sanction Hearing, ratify the litigation timetable, approve the dissemination of the Agenda and Sanction Hearing procedure, approve the Omnibus Sanction Hearing Notice, and set the deadline for Sanction Hearing Objection Notices.
The motion was unopposed and was granted by the court, with three orders signed.
Motion for Funding Order denied as CCAA s. 11.01(b) prohibits compelling creditors to advance new money.
In the context of CCAA proceedings, the applicants sought a Funding Order to compel Securitization Parties and other secured lenders to fund a $40 million wind-down of the remaining entities.
The court dismissed the motion for the Funding Order, finding that section 11.01(b) of the CCAA expressly prohibits orders requiring the further advance of money or credit.
Consequently, the court also declined to approve a Key Employee Retention Plan, as it was dependent on the unavailable funding.
The court did, however, grant a temporary sealing order for the KERP details and extended the stay of proceedings to November 29, 2024.
Court grants unopposed CCAA monetization orders and directs parties to mandatory mediation over contested restructuring plans.
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 court approved a property sale, solicitation process, and governance protocol in a CCAA restructuring.
In a Companies' Creditors Arrangement Act (CCAA) proceeding, the applicants sought court approval for the sale of a real property, the Monitor's reports, a revised governance protocol, and a sale and investor solicitation process (SISP) for their logistics business.
The court approved the property sale, finding it met the Soundair Principles despite not being a court-supervised process.
The Monitor's reports and activities were also approved.
The proposed SISP was approved with a minor amendment requiring the Monitor to consult directly affected secured creditors.
The Revised Governance Protocol, which included default commission rates for vehicle sales and collections, was approved as an interim measure, balancing the need for cost recovery with creditor concerns, noting that financiers could negotiate alternative rates or withhold consent to sales.
The court approved an unopposed asset sale, lease assignments, and a temporary sealing order.
The applicant, BBB Canada Ltd., sought court approval under the Companies' Creditors Arrangement Act (CCAA) for an Omnibus Assignment and Assumption of Leases, FF&E and Trade Fixtures Agreement with DKB Capital.
The motion also requested orders for the assignment of certain leases under section 11.3 of the CCAA and a temporary sealing order for the unredacted agreement.
The court found the marketing process comprehensive, the consideration fair and reasonable, and the agreement beneficial to stakeholders.
The assignments were unopposed.
The court applied the Sherman Estate test for the sealing order and found it appropriate given its limited scope and time.
The motion was granted in its entirety.
The Court of Appeal quashed an appeal of a non-competition order in a receivership proceeding.
The appellants, Monica Murad, Aaron Murad, and 997322 Ontario Inc., sought to appeal a non-competition order issued by a motion judge during the receivership of Mill Street & Co. Inc. The motion judge had included the appellants in the order, despite their not being directly implicated in obstruction or fraudulent licensing, because the Murad companies operated as family businesses.
The Court of Appeal found no jurisdiction under s. 193(a) of the Bankruptcy and Insolvency Act as the right to compete is a present, not future, right.
Leave to appeal under s. 193(e) was denied because the issue of making a non-competition order against a non-party did not arise, as the appellants were considered "Murad Parties" and treated as parties throughout the receivership.
The appeal was quashed.
The court approved an unopposed liquidation consulting agreement and sale guidelines in CCAA proceedings.
The Applicants, Payless ShoeSource Canada Inc. and Payless ShoeSource Canada GP Inc., brought a motion under the Companies' Creditors Arrangement Act (CCAA) for an order approving transactions contemplated under a liquidation consulting agreement and accompanying sale guidelines.
The motion was unopposed, following constructive discussions with various landlords.
The court found it appropriate to approve the agreement and guidelines, noting that any theoretical surplus issue could be addressed at a later stay extension hearing.
Asset sale under CCAA approved despite unequal treatment of unsecured creditors as it avoided liquidation.
The applicant sought an order approving the sale of its assets to a purchaser under the Companies' Creditors Arrangement Act.
The transaction was a credit-bid that would result in the continuation of a substantial portion of the business, saving jobs and stores.
An unsecured creditor objected because the transaction did not treat all unsecured creditors equally, as the purchaser assumed only certain critical supplier liabilities.
The court approved the transaction, finding that under s. 36 of the CCAA, there is no requirement that all creditors be treated equally in a sale, and the transaction was more beneficial than a liquidation.