Nortel Networks Corporation (Re), 2010 ONCA 356

CITATION: Nortel Networks Corporation (Re), 2010 ONCA 356

DATE: 20100513

DOCKET: M38773 (M38748)

COURT OF APPEAL FOR ONTARIO

Laskin J.A. (in chambers)

IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED

And in the matter of a Plan of Nortel Networks Corporation, Nortel Networks Limited, Nortel Networks Global Corporation, Nortel Networks International Corporation and Nortel Networks Technology Corporation

Joel P. Rochon and John Archibald, for the moving parties.

Lyndon A.J. Barnes, Adam Hirsch, Arthur O. Jacques, Barry E. Wadsworth, Susan Philpott, Fred Myers, Melaney Wagman, Alan Merskey, Alex MacFarlane and Richard B. Swan, for the responding parties.

Heard: May 13, 2010

On motion for leave to appeal from the order of Justice G.B. Morawetz of the Superior Court of Justice dated March 31, 2010 and on a motion to expedite the hearing of the motion and consolidate the motion for leave to appeal and the appeal.

ENDORSEMENT

[1] The Objecting LTD Beneficiaries ask for an order expediting their motion for leave to appeal, and for an order consolidating their leave motion and appeal (if leave is granted) at an oral hearing. The responding parties consent to an order expediting the leave motion but maintain that the question of leave should be dealt with separately and in writing in accordance with this court’s usual practice.

[2] I agree with the position of the responding parties. The material filed shows that the matters raised on the proposed appeal are not so urgent that a consolidation order is needed. Under the settlement approved by Morawetz J., benefits continue until the end of December 2010. The leave motion can be considered in early June, and if leave is granted, the appeal can be heard by the end of June. Thus, the Objecting LTD Beneficiaries will know their rights well before the date that their benefits end.

[3] The parties have agreed to the following schedule, which I approve:

• The Objecting LTD Beneficiaries will deliver their factum for the leave motion and perfect their motion by Tuesday, May 18, 2010;

• Factums of the responding parties on the leave motion shall be delivered by Friday, May 21, 2010;

• Any reply factum shall be delivered by Wednesday, May 26, 2010.

[4] The leave motion will be placed before a panel for the week of May 31, 2010. Should leave be granted, I will case manage the filing of appeal materials and the setting of a date for the hearing of the appeal.

“John Laskin J.A.”