Canada Case Law

Laurentian University of Sudbury (Re)

Court

Court of Appeal for Ontario

Leave to appeal was refused because Thorneloe's proposed appeal was not prima facie meritorious given the supervising judge’s factual findings and discretionary balancing under s.32(4); the Monitor approved the disclaimers, the judge found the disclaimers necessary to a viable restructuring and that refusing them risked Laurentian’s collapse, and granting leave would unduly hinder time‑sensitive restructuring efforts.

Source excerpt

• Disclaimer under s.32 ccaa
• Dip financing and conditions
• Good faith obligations s.18.6 ccaa
• Monitor approval and role
• Leave to appeal under s.13 ccaa
• Judicial deference to supervising judge

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Shaver v. Mallinckrodt Canada ULC

Court

Supreme Court of British Columbia

The court ordered British Columbia and the College of Pharmacists to file responses to an amended notice of civil claim before certification, finding no good reason to delay them.

• Certification
• Sequencing orders
• Responses to notice of civil claim
• Stay of proceedings
• Limitation period
• Duty to warn/failure to investigate

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Stewart v. Clark

Court

British Columbia Court of Appeal

Appeal dismissed. The Court held the action was not barred by inconsistent pleading, but it was an impermissible collateral attack on the Superintendent's pension decision.

• Abuse of process
• Collateral attack
• Judicial review
• Misfeasance in public office
• Negligence
• Priority of pension distribution

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