First Waste Utilities Canada Limited (Re), 2009 ONCA 897

CITATION: First Waste Utilities Canada Limited (Re), 2009 ONCA 897

DATE: 20091217

DOCKET: C50635

COURT OF APPEAL FOR ONTARIO

Doherty, Moldaver and Epstein JJ.A.

BETWEEN:

In the Matter of the Bankruptcy and Insolvency of First Waste Utilities Canada Limited, First Waste Utilities Corp., First Waste Transload Inc. and First Waste America Inc.

Application Under Section 101 of the Courts of Justice Act, R.S.O. c.C43 as amended

Counsel:

Ari Kulidjian and Gleb Bazov for Integrated Business Concept Inc.

Priya Sarin, for Bennett Jones LLP (formerly First Waste)

Monique Jilesen, for Canadian National Railways Company

George Benchetrit, for Bank of Montreal

Fay Sulley, for BDO Dunwoody Limited

Heard: December 4, 2009

On appeal from the judgment of Justice Hoy of the Superior Court of Justice dated June 4, 2009.

APPEAL BOOK ENDORSEMENT

[1] The Court of Appeal is not the place to consider arguments not placed before the motion judge in this kind of litigation. We see no error in the reasons of Hoy J. Her order is affirmed. The appeal is dismissed.

[2] Costs to Canadian National Railways Company in the amount of $10,000, costs to Bank of Montreal and BDO Dunwoody in the amount of $5,000, all inclusive of GST and disbursements.