Shawn T. Irving

In the context of CCAA proceedings, representative counsel for pharmacist franchisees brought a motion for approval of their fees and disbursements totaling approximately $1.95 million.

The Pharmacy Franchisee Association of Canada and several individual pharmacists objected to the fees on various grounds, including the allocation of fees and the overall amount.

The court dismissed the objections, finding that the fees were properly allocated based on when claims were resolved and that the total amount was fair and reasonable given the complexity of the matter, the time expended, and the results achieved.

The fee request was approved in full.

In the context of CCAA proceedings for Target Canada, the Monitor brought a motion for a declaration that the claim of a pharmacist franchisee, T-Pharma, was fully and finally resolved except for the amount to be deducted for mitigation.

The assignee of the claim opposed the motion, raising various issues including claims for reimbursement of bank loans and legal retainers.

The court found that the respondent's objections were impermissible collateral attacks attempting to re-litigate issues already decided by the Claims Officer and upheld on appeal.

The court granted the Monitor's declaration and set a schedule for determining the final mitigation amount.

In the context of Target Canada's CCAA proceedings, the Monitor sought advice and directions on whether to accept amended claims filed by Bell Canada and Bell Nexxia.

Bell sought to increase its original claims by approximately $4.1 million due to inadvertent calculation errors discovered after the claims bar date and after the original claims were admitted.

Target Corporation opposed the amendment.

Applying the Blue Range test, the court found that Bell acted in good faith, the errors were inadvertent, and admitting the amended claims would not cause relative prejudice to other creditors.

The court directed the Monitor to accept the amended claims for review, with Bell to bear the reasonable costs incurred by the Monitor and Target Canada due to the error.