Success In Insolvency Dispute
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Andrew Winton, for DS (Bay) Holdings Inc., successfully opposed a joint motion brought by two parties seeking Court approval of a settlement of their claims against a CCAA debtor in circumstances where the claims had not been approved by the Court-appointed Monitor. Justice Myers of the Ontario Superior Court of Justice accepted DS Bay’s argument that the settlement was not fair and reasonable because, among other things, the claims had not been proven or settled with the Monitor in accordance with the Court-approved claims procedure. The decision is available at: http://canlii.ca/t/hs0kk.