Court File and Parties
COURT FILE NO.: CV-17-585108-00CP DATE: 20211207
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
VANESSA LILLEYMAN Plaintiff
- and -
BUMBLE BEE FOODS LLC, CLOVER LEAF HOLDINGS COMPANY, CONNORS BROS. CLOVER LEAF SEAFOODS COMPANY, TRI-UNION SEAFOODS LLC o/a CHICKEN OF THE SEA INTERNATIONAL INC., THAI UNION GROUP PUBLIC COMPANY LIMITED, STARKIST COMPANY, DONGWON INDUSTRIES COMPANY LIMITED and DEL MONTE CORPORATION n/k/a BIG HEART PET BRANDS INC. Defendants
Counsel: Michael A. Eizenga and Emrys Davis for the Defendants, Bumble Bee Foods LLC, Clover Leaf Holdings Company and Connors Bros. Clover Leaf Seafoods Company
Proceeding under the Class Proceedings Act, 1992
HEARD: In writing
REASONS FOR DECISION
PERELL, J.
[1] I am case managing this action governed by the Class Proceedings Act, 1992.[^1]
[2] This is a motion for an order removing Bennett Jones LLP as lawyers of record for the Defendants Bumble Bee Foods LLC, Clover Leaf Holdings Company, and Connors Bros. Clover Leaf Seafoods Company.
[3] On October 24, 2017, the Plaintiff Vanessa Lilleyman commenced this proposed class action against: (a) Bumble Bee Foods LLC; Clover Leaf Holdings Company, and Connors Bros. Clover Leaf Seafoods Company (the “Clover Leaf Defendants”); (b) Tri-Union Seafoods LLC o/a Chicken of the Sea International Inc. and Thai Union Group Public Company Limited; and, (c) StarKist Company, Dongwon Industries Company Limited, and Del Monte Corporation n/k/a Big Heart Pet Brands Inc.
[4] In her action, Ms. Lilleyman alleges that the Defendants entered and maintained an illegal conspiracy to fix the price of canned and packaged tuna.
[5] Bennett Jones LLP was retained in or around November 6, 2017 to represent the Clover Leaf Defendants.
[6] The action is in a preliminary phase and no defendants have filed a Statement of Defence.
[7] On November 21 and 22, 2019, the Clover Leaf Defendants and their affiliates filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware. The Clover Leaf Defendants obtained a corresponding initial order under the Companies’ Creditors Arrangement Act (“CCAA”) in Canada.
[8] As a result of the CCAA proceeding, the litigation as against the Clover Leaf Defendants has been stayed.
[9] Through the CCAA Proceeding and the US Chapter 11 Proceeding, the Clover Leaf Defendants sought and obtained approval of a stalking horse asset purchase agreement in the CCAA Proceeding and the US Chapter 11 Proceeding. The result is a restructuring of these entities following the closing of a court approved asset purchase agreement.
[10] On January 28, 2020, the CCAA Court approved an asset purchase agreement that resulted in all of the Clover Leaf Defendants’ assets being sold.
[11] Following the closing of the asset purchase agreement, the businesses and assets of the Clover Leaf Defendants were purchased by a third party buyer, FCF Inc., and the legal names of the Clover Leaf Defendants were changed.
[12] The interests and liabilities of the Clover Leaf Defendants are now governed by the Chapter 7 bankruptcy trustee and the trustees in bankruptcy.
[13] Bennett Jones LLP is no longer able to represent the Clover Leaf Defendants since these entities are now represented by their respective bankruptcy trustees, who have their own counsel.
[14] Recently, Ms. Lilleyman delivered an Amended Statement of Claim and her certification motion materials on September 29, 2021, but the certification motion has not been scheduled.
[15] The removal of Bennett Jones LLP as lawyers of record for the Clover Leaf Defendants will not cause prejudicial delay to the action and the motion is unopposed.
[16] In all these circumstances, the motion should be granted. Order to go as asked. I have signed the Order.
Perell, J.
Released: December 7, 2021
COURT FILE NO.: CV-17-585108-00CP DATE: 20211207
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
VANESSA LILLEYMAN Plaintiff
- and -
BUMBLE BEE FOODS LLC, CLOVER LEAF HOLDINGS COMPANY, CONNORS BROS. CLOVER LEAF SEAFOODS COMPANY, TRI-UNION SEAFOODS LLC o/a CHICKEN OF THE SEA INTERNATIONAL INC., THAI UNION GROUP PUBLIC COMPANY LIMITED, STARKIST COMPANY, DONGWON INDUSTRIES COMPANY LIMITED and DEL MONTE CORPORATION n/k/a BIG HEART PET BRANDS INC. Defendants
REASONS FOR DECISION
PERELL J.
Released: December 7, 2021
[^1]: S.O. 1992, c. 6.