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The Ontario Court of Appeal interpreted the decision of the Supreme Court of Canada in AbitibiBowater in the context of two appeals from the decision of the CCAA judge in Nortel Networks Corp. and Northstar Aerospace Inc. One appeal was allowed and the other was dismissed. See Case Updates [Re Nortel Networks Corp. and Re Northstar Aerospace Inc.]
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On October 3, 2013 the Court of Appeal for Ontario released two decisions, Re Nortel Networks Corp. and Re Northstar Aerospace Inc. The appeals had been heard by the same panel on June 19, 2013.
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The Court of Appeal in Nortel noted that in the lower court's decision, the CCAA judge aptly described the issues as arising "from the untidy intersection" of the Companies' Creditors Arrangement Act ("CCAA") and the powers of the provincial Minister of the Environment ("MOE") "to make orders with respect to the remediation of real property in Ontario."
See Houlden & Morawetz, Bankruptcy and Insolvency Law of Canada:
G§36 — Claims Provable
N§78 — Regulatory Bodies can Continue to Investigate
N§121 — Environmental Conditions or Damage
N§143 — Scope of Claims
N§145 — Determination of Amount of Claims
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