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.
33491
Donald Sproule, et al. v. Nortel Networks Corporation, 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) |
|---|---|---|
| 2010-03-26 | Close file on Leave | |
| 2010-03-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-03-26 | Judgment on leave sent to the parties | |
| 2010-03-25 |
Judgment of the Court on the application for leave to appeal, The motions for directions and to expedite the application for leave to appeal are dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C50986, 2009 ONCA 833, dated November 26, 2009, is dismissed with no order as to costs. Dismissed, no order as to costs |
|
| 2010-03-25 |
Decision on motion to expedite the application for leave to appeal, See judgment. Dismissed |
|
| 2010-03-25 |
Decision on motion for directions, See judgment. Dismissed |
|
| 2010-03-01 | All materials on application for leave submitted to the Judges, Bi F Cha | |
| 2010-03-01 | Submission of motion for directions, Bi F Cha | |
| 2010-03-01 | Submission of motion to expedite the application for leave to appeal, Bi F Cha | |
| 2010-02-08 | Book of authorities, Joint | Nortel Networks Corporation |
| 2010-02-08 | Respondent's response on the application for leave to appeal, (2 volumes), Completed on: 2010-02-08 | Nortel Networks Corporation |
| 2010-02-08 | Respondent's response on the application for leave to appeal, Completed on: 2010-02-08 | Board of Directors of Nortel Networks Corporation and Nortel Networks Limited |
| 2010-02-08 | Respondent's response on the application for leave to appeal, Completed on: 2010-02-08 | Ernst & Young Inc. in its capacity as Monitor |
| 2010-02-08 | Respondent's response on the application for leave to appeal, Completed on: 2010-02-08 | Informal Nortel Noteholder Group |
| 2010-02-05 | Respondent's response on the application for leave to appeal, Completed on: 2010-02-05 | Official Committee of Unsecured Creditors |
| 2009-12-30 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-12-23 | Motion for directions, Included in the application, Completed on: 2009-12-23 | Donald Sproule |
| 2009-12-23 | Correspondence received from, Andrew Hatnay dated Dec. 23, 2009. Re: Expediting the application | Donald Sproule |
| 2009-12-23 | Book of authorities | Donald Sproule |
| 2009-12-23 | Motion to expedite the application for leave to appeal, Included in the application, Completed on: 2009-12-23 | Donald Sproule |
| 2009-12-23 | Application for leave to appeal, Tab 5 was replaced on Dec. 30, 2009. Amended reasons from C/A was filed on Jan. 5, 2010 - New order for tab 16 filed on February 4, 2010 (4 volumes), Completed on: 2009-12-23 | Donald Sproule |
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 |
|---|---|---|
| Sproule, Donald | Applicant | Active |
| David D. Archibald and Michael Campbell on their own behalf and on behalf of Former Employees of Nortel Networks Corporation, Nortel Networks Limited, Nortel Networks Global Corporation, Nortel Networks International Corporation | Applicant | Active |
| Nortel Networks Technology Corporation | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Nortel Networks Corporation | Respondent | Active |
| Nortel Networks Limited, Nortel Networks Global Corporation, Nortel Networks International Corporation and Nortel Networks Technology Corporation | Respondent | Active |
| Board of Directors of Nortel Networks Corporation and Nortel Networks Limited | Respondent | Active |
| Informal Nortel Noteholder Group | Respondent | Active |
| Official Committee of Unsecured Creditors | Respondent | Active |
| Ernst & Young Inc. in its capacity as Monitor | Respondent | Active |
Counsel
Party: Sproule, Donald
Counsel
Andrew J. Hatnay
Andrea McKinnon
900 - 20 Queen Street West
P.O. Box 52
Toronto, Ontario
M5H 3R3
Telephone: (416) 595-2090
FAX: (416) 204-2877
Email: mzigler@kmlaw.ca
Agent
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: David D. Archibald and Michael Campbell on their own behalf and on behalf of Former Employees of Nortel Networks Corporation, Nortel Networks Limited, Nortel Networks Global Corporation, Nortel Networks International Corporation
Counsel
Andrew J. Hatnay
Andrea McKinnon
900 - 20 Queen Street West
P.O. Box 52
Toronto, Ontario
M5H 3R3
Telephone: (416) 595-2090
FAX: (416) 204-2877
Email: mzigler@kmlaw.ca
Agent
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Nortel Networks Technology Corporation
Counsel
Andrew J. Hatnay
Andrea McKinnon
900 - 20 Queen Street West
P.O. Box 52
Toronto, Ontario
M5H 3R3
Telephone: (416) 595-2090
FAX: (416) 204-2877
Email: mzigler@kmlaw.ca
Agent
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Nortel Networks Corporation
Counsel
Suzanne Wood
Michael Kotrly
Suite 3800, Royal Bank Plaza, South Tower
200 Bay Street, P.O. Box 84
Toronto, Ontario
M5J 2Z4
Telephone: (416) 216-4000
FAX: (416) 216-3930
Email: amerskey@ogilvyrenault.com
Agent
1500 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Party: Nortel Networks Limited, Nortel Networks Global Corporation, Nortel Networks International Corporation and Nortel Networks Technology Corporation
Counsel
Suzanne Wood
Michael Kotrly
Suite 3800, Royal Bank Plaza, South Tower
200 Bay Street, P.O. Box 84
Toronto, Ontario
M5J 2Z4
Telephone: (416) 216-4000
FAX: (416) 216-3930
Email: amerskey@ogilvyrenault.com
Agent
1500 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Party: Board of Directors of Nortel Networks Corporation and Nortel Networks Limited
Counsel
Adam Hirsh
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
FAX: (416) 862-6666
Agent
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Informal Nortel Noteholder Group
Counsel
Suite 3400, One Canadian Place
P.O. Box 130
Toronto, Ontario
M5X 1A4
Telephone: (416) 777-5762
FAX: (416) 863-1716
Email: finlaysong@bennettjones.com
Agent
1900 - 45 O'Connor Street
World Exchange Plaza
Ottawa, Ontario
K1P 1A4
Telephone: (613) 683-2302
FAX: (613) 683-2323
Email: scotts@bennettjones.com
Party: Official Committee of Unsecured Creditors
Counsel
Anneli LeGault
Jane Dietrich
Andy Pushalik
1 First Canadian Place
100 King Street West
Toronto, Ontario
M5X 1B2
Telephone: (416) 863-4582
FAX: (416) 863-4592
Email: alex.macfarlane@fmc-law.com
Agent
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
Party: Ernst & Young Inc. in its capacity as Monitor
Counsel
Fred Myers
3400 - 333 Bay Street
Toronto, Ontario
M5H 2S7
Telephone: (416) 597-4204
FAX: (416) 979-1234
Email: bzarnett@goodmans.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Summary
Keywords
None.
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.
Bankruptcy and insolvency - Companies' Creditors Arrangement Act, R.S.C. 1985 c. C-36 (CCAA) - Employment law - Employment Standards Act, 2000, S.O. 2000, c. 41 (ESA) - Constitutional law - Paramountcy - Nortel being granted protection under CCAA - Applicant former employees seeking to vary initial CCAA order to require Nortel to pay termination and severance pay in accordance with ESA - Whether Court of Appeal misapplied doctrine of paramountcy in CCAA proceedings - Whether Court of Appeal ignored fact that CCAA judge issued initial CCAA order allowing company to deny ESA payments to terminated employees, despite absence of authority in CCAA for such an order - Whether Court of Appeal introduced more uncertainty into an area of insolvency law that is already unsettled.
On January 14, 2009, the Nortel group of companies (referred to as "Nortel") applied for and was granted protection under the Companies' Creditors Arrangement Act, R.S.C. 1985 c. C-36 ("CCAA"). In order to provide Nortel with breathing space to permit it to file a plan of compromise or arrangement with the court, that order provided, inter alia, a stay of all proceedings against Nortel, a suspension of all rights and remedies against Nortel, and an order that during the stay period, no person shall discontinue, repudiate, or cease to perform any contract or agreement with Nortel. The CAW-Canada ("Union") represents employees of Nortel at two sites in Ontario. The Union and Nortel are parties to a collective agreement covering both sites. On April 21, 2009, the Union and a group of former employees of Nortel (the Applicant "Former Employees") each brought a motion for directions seeking certain relief from the order granted to Nortel on January 14, 2009. The Former Employees sought to vary the initial order to require Nortel to pay termination and severance pay in accordance with the Employment Standards Act, 2000, S.O. 2000, c. 41.
Lower court rulings
Ontario Superior Court of Justice
09-CL-7950
Motions for directions dismissed
Court of Appeal for Ontario
C50986, 2009 ONCA 833
Appeals 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
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