Tracy Wynne

The appellants, holding unsecured crossover bonds, appealed a CCAA judge's decision that the common law 'interest stops' rule applies in CCAA proceedings, preventing them from claiming post-filing interest above their principal debt and pre-petition interest.

The Court of Appeal dismissed the appeal, confirming that the 'interest stops' rule is a fundamental tenet of insolvency law that applies to CCAA proceedings to ensure fair treatment of creditors and orderly administration.

The Court clarified that while creditors cannot legally claim post-filing interest, the rule does not preclude a negotiated CCAA plan from providing for such payments.

The appellant tenant appealed a decision interpreting a commercial lease provision regarding the reimbursement of realty taxes.

Following 1997 amendments to the Assessment Act, separate tax assessments for individual businesses in the shopping plaza were abolished, resulting in an 'en bloc' assessment for the entire property.

The landlord applied a formula in the lease designed for such an eventuality to allocate taxes.

The Court of Appeal upheld the application judge's finding that the clear language of the lease anticipated this scenario, and the formula was correctly applied since the tenant had not obtained a separate assessment.

The appellants sued two dental regulatory Colleges in negligence, misfeasance of public office, and breach of Charter rights, alleging the Colleges failed to implement adequate standards to prevent temporomandibular joint injuries during dental hygiene treatments.

The motions judge struck the claims against the Colleges.

The Court of Appeal dismissed the appeal, applying recent Supreme Court of Canada jurisprudence to hold that the Colleges' statutory duty is to the public as a whole, not to individual patients, and therefore they owe no private law duty of care to the appellants.