Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
31761
Superintendent of Financial Services v. National Bank of Canada, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2009-12-18 | Payment out cheque issued, ($525.68) | |
| 2009-12-09 | Approved order for payment out, joint with consents (sent to Finance Dec. 15/09) | |
| 2007-10-31 | Appeal closed | |
| 2007-10-31 | Discontinuance of the appeal, (consent of all parties included) | Superintendent of Financial Services |
| 2007-09-21 | Appeal perfected for hearing | |
| 2007-09-06 | Correspondence received from, Fred Myers dated Sept. 6, 2007. Re: Possible settlement | Superintendent of Financial Services |
| 2007-08-22 | Motion for leave to intervene, Completed on: 2007-08-22 | Ontario Federation of Labour |
| 2007-07-25 | Appellant's book of authorities, Completed on: 2007-07-25 | Superintendent of Financial Services |
| 2007-07-25 | Appellant's record, (3 volumes), Completed on: 2007-07-25 | Superintendent of Financial Services |
| 2007-07-25 | Appellant's factum, Completed on: 2007-07-25 | Superintendent of Financial Services |
| 2007-05-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-05-04 | Appeal hearing tentative date, 2008-02-26 | |
| 2007-05-04 | Notice of deposit for security | Superintendent of Financial Services |
| 2007-05-04 | Notice of appeal, Completed on: 2007-05-04 | Superintendent of Financial Services |
| 2007-05-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-05-04 | Judgment on leave sent to the parties | |
| 2007-05-03 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C44455, dated October 17, 2006, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2007-03-26 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2007-02-08 | Applicant's reply to respondent's argument, Consolidated reply to Informal Committee of Noteholders, National Bank of Canada and Qit-Fer et Titane Inc., Completed on: 2007-02-08 | Superintendent of Financial Services |
| 2007-02-06 | Correspondence received, from John R. Varley of Pallett Valo LLP, dated Feb 2/07, re: RBC Dexia Investor Services Trust (non-party) is in support of the applicant. | |
| 2007-02-05 | Applicant's reply to respondent's argument, Reply of Bank of Nova Scotia, Completed on: 2007-02-05 | Superintendent of Financial Services |
| 2007-02-02 | Order on motion to extend time | |
| 2007-02-02 |
Decision on motion to extend time, to file the respondent, Informal Committee of Noteholders, response to Feb. 1/07, Reg Granted |
|
| 2007-02-02 | Submission of motion to extend time, Reg | |
| 2007-02-01 | Book of authorities | Informal Committee of Noteholders |
| 2007-02-01 | Respondent's response on the application for leave to appeal, Completed on: 2007-02-01 | Informal Committee of Noteholders |
| 2007-02-01 | Motion to extend time, to serve and file the respondent's response to Feb. 2/07, Completed on: 2007-02-01 | Informal Committee of Noteholders |
| 2007-01-31 | Respondent's response on the application for leave to appeal, Service missing - Rec'd on Feb. 2, 2007, Completed on: 2007-02-02 | Ernst & Young Inc., in it's capacity as Court-Appointed Monitor |
| 2007-01-30 | Respondent's response on the application for leave to appeal, Completed on: 2007-01-30 | Qit-Fer et Titane Inc. |
| 2007-01-29 | Respondent's response on the application for leave to appeal, Completed on: 2007-01-29 | National Bank of Canada |
| 2007-01-26 | Book of authorities | Bank of Nova Scotia |
| 2007-01-26 | Respondent's response on the application for leave to appeal, Completed on: 2007-01-26 | Bank of Nova Scotia |
| 2006-12-20 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-12-14 | Book of authorities | Superintendent of Financial Services |
| 2006-12-14 | Application for leave to appeal, Vol. 1 and 2 - Draft C/A Order recvd. (Formal Order recvd Jan 9/07), Completed on: 2006-12-14 | Superintendent of Financial Services |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Superintendent of Financial Services | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| National Bank of Canada | Respondent | Active |
| Informal Committee of Noteholders | Respondent | Active |
| Ernst & Young Inc., in it's capacity as Court-Appointed Monitor | Respondent | Active |
| Qit-Fer et Titane Inc. | Respondent | Active |
| Bank of Nova Scotia | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Ontario Federation of Labour | Intervener | Pending |
Counsel
Party: Superintendent of Financial Services
Counsel
Fred Myers
2400-250 Yonge St.
Toronto, Ontario
M5B 2M6
Telephone: (416) 979-2211
FAX: (416) 979-1234
Email: bzarnett@goodmans.ca
Agent
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: National Bank of Canada
Counsel
Richard Swan
P.O. Box 20, 66 Wellington Street, Suite 4200
Toronto-Dominion Bank Tower
Toronto, Ontario
M5K 1N6
Telephone: (416) 868-3434
FAX: (416) 364-7813
Email: rharrison@tor.fasken.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Informal Committee of Noteholders
Counsel
Evangelia Kriaris
S. Richard Orzy
Kevin J. Zych
Suite 3400, P.O. Box 130
One First Canadian Place
Toronto, Ontario
M5X 1A4
Telephone: (416) 863-1200
FAX: (416) 863-1716
Email: staleyr@bennettjones.ca
Party: Ernst & Young Inc., in it's capacity as Court-Appointed Monitor
Counsel
Ashley John Taylor
5300 Commerce Court West
199 Bay Street
Toronto, Ontario
M5L 1B9
Telephone: (416) 869-5613
FAX: (416) 947-0866
Email: phoward@stikeman.com
Agent
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com
Party: Qit-Fer et Titane Inc.
Counsel
Box 48, Suite 4700
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7856
FAX: (416) 868-0673
Email: ghall@mccarthy.ca
Agent
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
Party: Bank of Nova Scotia
Counsel
4400-181 Bay Street
BCE Place, Bay Wellington Tower
Toronto, Ontario
M5J 2T3
Telephone: (416) 865-7169
FAX: (416) 865-7048
Email: dan.macdonald@mcmbm.com
Party: Ontario Federation of Labour
Counsel
1100 - 20 Dundas Street West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Email: hgoldblatt@sgmlaw.com
Agent
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327 Ext: 2451
FAX: (613) 235-3041
Email: fionacampbell@sgmlaw.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Commercial law – Bankruptcy – Insolvency – Creditor and debtor – Pension plans – Whether provincial deemed trusts and statutory liens designed to protect pension plans are effective in proceedings under the Companies’ Creditors Arrangement Act, R.S., 1985, c. C-36 – What are the respective responsibilities of a CCAA debtor, the Court-Appointed Monitor and the Court to protect the statutory and fiduciary rights of the CCAA debtors’ employees and pensioners.
Ivaco and its related group of companies (“the Companies”) became insolvent in 2003. In September 2003, the Companies sought and obtained court-ordered protection under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36 (“CCAA”). All claims of creditors were stayed. A later order stayed the Companies’ obligation to pay outstanding past service contributions and special payments to the non-union pension plans. The Companies were unable to restructure. In late 2004, virtually all of their assets were sold. All that remains are the proceeds of sale. The Superintendent of Financial Services, representing the employees and retirees, brought a motion for an order that part of the sale proceeds be used to satisfy the unpaid past service and special contributions, which the Companies are deemed to hold in trust for the beneficiaries of the pension plans under Ontario’s Pension Benefits Act, R.S.O. 1990, c. P.8, ss. 57(3), (4). Alternatively, the Superintendent sought an order segregating this amount in a separate account. Two of the Companies’ lenders, the Bank of Nova Scotia and the National Bank, brought motions for an order lifting the stay under the CCAA and petitioning the Companies into bankruptcy.
The Ontario Superior Court of Justice dismissed the Superintendent’s motion and partly granted the banks’ motions. The court lifted the stay under the CCAA and permitted the bankruptcy petitions to proceed, but did not put the Companies into bankruptcy. The court further ordered that the head offices of two companies involved be moved from Quebec to Ontario to facilitate bankruptcy proceedings. The Ontario Court of Appeal unanimously dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
03-CL-5145
Applicant's motion to have proceeds of bankrupt estate set aside for benefit of pension plan, dismissed.
Court of Appeal for Ontario
C44455
Applicant's appeal, dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available