A supplier sought specific performance of a master services agreement during proceedings under the Companies’ Creditors Arrangement Act, arguing that deferred implementation fees constituted payment for post‑filing licensed software use and therefore fell within the supplier payment exception in s. 11.01(a).
The court examined the contractual structure separating implementation services from ongoing outsourcing services and held that the implementation fee related to historical system development completed before the CCAA initial order.
Because the services associated with the implementation fee were performed pre‑filing, the claim constituted a pre‑filing debt subject to the stay of proceedings.
The exception in s. 11.01(a) applies narrowly and only to goods or services provided after the initial order.
The motion seeking payment of deferred implementation fees and related amounts was dismissed.
