U.S. Steel Canada Inc. (Re)

U.S. Steel Canada Inc. (Re)

Leave to appeal was dismissed because the proposed appeal was not prima facie meritorious, did not raise issues of significance to the insolvency practice, and would cause delay; the motion judge’s findings that the CCAA applied, Stelco breached the reconveyance agreement, LandCo could waive the MOECC consent, and...

Source-derived case information.

Citation
2023 ONCA 277
Parties
Moving Party: Stelco Inc.; Responding Party Monitor and Interim Land Restructuring Officer: Ernst & Young Inc.; Responding Party: DGAP Investments Ltd.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
24 April 2023
Procedural Posture
Companies' Creditors Arrangement Act Leave to Appeal Application / Court of Appeal Decision on Motion for Leave to Appeal From Superior Court Order (motion Judge Decision Below)
Outcome
Leave to appeal dismissed; underlying motion judge order requiring completion of severance and reconveyance remains in effect
Legal Topics
Specific Performance, Waiver of Contractual Conditions, Severance Under Planning Act, Reconveyance Agreement Enforcement, Monitor Duties, Leave to Appeal Test Under CCAA
Source Language
english
Insolvency Contract Law Real Property Administrative Law Specific Performance Waiver of Contractual Conditions Severance Under Planning Act Reconveyance Agreement Enforcement +2 more

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Parties

Stelco Inc.

Moving Party

Ernst & Young Inc.

Responding Party Monitor and Interim Land Restructuring Officer

DGAP Investments Ltd.

Responding Party

Procedural Posture

Companies' Creditors Arrangement Act Leave to Appeal Application / Court of Appeal Decision on Motion for Leave to Appeal From Superior Court Order (motion Judge Decision Below)

Legal Issues

  1. 1 Whether the CCAA applied to the reconveyance agreement
  2. 2 Whether Stelco breached the reconveyance agreement and is compelled to reconvey
  3. 3 Whether specific performance is an appropriate remedy

Ratio Decidendi

Leave to appeal was dismissed because the proposed appeal was not prima facie meritorious, did not raise issues of significance to the insolvency practice, and would cause delay; the motion judge’s findings that the CCAA applied, Stelco breached the reconveyance agreement, LandCo could waive the MOECC consent, and that specific performance was appropriate were not shown to be arguable errors warranting appellate intervention.

Court Disposition

Leave to appeal dismissed; underlying motion judge order requiring completion of severance and reconveyance remains in effect

Orders

  • Leave to appeal dismissed
  • Underlying order directing Stelco to complete severance and convey the Reconveyance Parcel remains in force