Crystallex (Re)
The court exercised its discretion to award fixed costs against the appellant and fixed the amounts payable to Crystallex and to Tenor, inclusive of disbursements and HST.
Source-derived case information.
- Citation
- 2012 ONCA 527
- Parties
- Appellant: Computershare Trust Company of Canada; Respondent: Crystallex International Corporation; Respondent: Tenor Capital Management Company, L.P. and Affiliates; Intervenor: Forbes & Manhattan Inc. and Aberdeen International Inc.; Monitor: Ernst & Young Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 2 August 2012
- Procedural Posture
- CCAA Proceedings / Appeal From Superior Court Orders Dated January 20, 2012 and April 16, 2012
- Outcome
- Costs awarded against the appellant; specified sums payable to respondent Crystallex and to respondent Tenor
- Legal Topics
- Companies' Creditors Arrangement Act, Costs on Appeal, Plan of Compromise or Arrangement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Computershare Trust Company of Canada
Appellant
Crystallex International Corporation
Respondent
Tenor Capital Management Company, L.P. and Affiliates
Respondent
Forbes & Manhattan Inc. and Aberdeen International Inc.
Intervenor
Ernst & Young Inc.
Monitor
Procedural Posture
CCAA Proceedings / Appeal From Superior Court Orders Dated January 20, 2012 and April 16, 2012
Legal Issues
- 1 Whether the appellant should be ordered to pay costs of the appeal
- 2 Proper quantum of costs inclusive of disbursements and HST
- 3 Allocation of costs between multiple respondents
Ratio Decidendi
The court exercised its discretion to award fixed costs against the appellant and fixed the amounts payable to Crystallex and to Tenor, inclusive of disbursements and HST.
Court Disposition
Costs awarded against the appellant; specified sums payable to respondent Crystallex and to respondent Tenor
Orders
- The appellant shall pay costs of the appeal to the respondent, Crystallex International Corporation, in the amount of $110,688.00 inclusive of disbursements and HST.
- The appellant shall pay costs of the appeal to the respondent, Tenor Capital Management Company, L.P. and Affiliates, in the amount of $80,000.00 inclusive of disbursements and HST.
Full Case Text
Judgment text and source record
1 paragraphs
Crystallex (Re) Collection Decisions of the Court of Appeal Date 2012-08-02 Neutral citation 2012 ONCA 527 Docket numbers C55434, C55435 Judges O’Connor, Dennis; Blair, Robert Ashley; Hoy, Alexandra Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Crystallex (Re), 2012 ONCA 527 DATE: 20120802 DOCKET: C55434 & C55435 O’Connor A.C.J.O., Blair and Hoy JJ.A. In the Matter of the Companies’ Creditors Arrangement Act, R.S.C. 1985, c.C-36 as amended And in the Matter of a Plan of Compromise or Arrangement of Crystallex International Corporation Richard B. Swan, S. Richard Orzy, Derek J. Bell and Emrys Davis, for the appellant Computershare Trust Company of Canada Andrew J.F. Kent, Markus Koehnen and Jeffrey Levine, for the respondent Crystallex International Corporation Barbara L. Grossman, for Tenor Capital Management Company, L.P. and Affiliates Robert Frank, for Forbes & Manhattan Inc. and Aberdeen International Inc. David Byers, for the Monitor Ernst & Young Inc. Heard: May 11, 2012 On appeal from the order of Justice Frank J.C. Newbould of the Superior Court of Justice dated January 20, 2012, with reasons reported at 2012 ONSC 538, and from the orders of Justice Frank J.C. Newbould of the Superior Court of Justice dated April 16, 2012, with reasons reported at 2012 ONSC 2125. COSTS ENDORSEMENT [1] The appellant shall pay costs of the appeal to the respondent, Crystallex International Corporation, in the amount of $110,688.00 and to the respondent, Tenor Capital Management Company, L.P. and Affiliates, in the amount of $80,000, both amounts are inclusive of disbursements and HST. “D. O’Connor A.C.J.O.” “R.A. Blair J.A.” “Alexandra Hoy J.A.”