The applicants sought orders under section 61 of the CCAA to recognize and give effect in Canada to two orders made in their US Chapter 11 bankruptcy proceedings.
The US orders established a claims bar date and discharged claims not filed by that date.
The applicants sought to use these orders to bar the respondents' claims in an ongoing Ontario tort action.
The court dismissed the application, holding that the applicants should seek enforcement of the US orders within the specific Ontario action rather than seeking a general recognition order under section 61 of the CCAA.
This approach allows the court in the action to assess the equities on a party-by-party basis.
