Ontario · CCAA

The purpose of this Seventh Report of the Monitor ("Seventh Report") is to comment, in the context of the Applicants' CCAA proceeding, on: a) motions by various representatives for the appointment of several different firms as representative counsel for unionized and non-unionized, active and severed employees and retirees. The proposed representative counsel are: • Koskie Minsky LLP ("Koskie Minsky") who are seeking to represent all former employees, including pensioners of the Applicants or any person claiming an interest under or on behalf of such former employee or pensioners and surviving spouses in receipt of a pension from the Applicants. We understand approximately 2,000 people have retained Koskie Minsky; • Nelligan O'Brien Payne LLP and Shibley Righton LLP ("Nelligan Shibley") who are seeking to be co-counsel to represent all former non-unionized employees, terminated either prior to or after the CCAA filing date, to whom the Applicants owe severance and/or pay in lieu of reasonable notice, as well as continuing employees. We understand approximately 460 people have retained Nelligan Shibley and a further 106 have retained McLeod Dixon LLP, who has agreed to work with Nelligan Shibley; • Juroviesky and Ricci LLP ("J&R") who are seeking to represent terminated employees or any person claiming an interest under or on behalf of former employees. We understand approximately 120 people have retained J&R; and • Lewis Gottheil, in-house legal counsel for the National Automobile, Aerospace, Transportation and General Workers Union of Canada ("CAW-Canada") who are seeking to represent all retirees of the Applicants who were formerly members of one of the CAW union locals when they were employees. We understand approximately 600 people have retained CAW-Canada. b) motions by certain of the above representatives with respect to the payment of post­ employment benefits. The motions are outlined below: • The representatives who have put forward Koskie Minsky as proposed representative counsel have filed a motion seeking an Order that the Applicants pay termination, severance, vacation pay and amounts equivalent to the continuation of benefit plans during relevant notice periods as well as recommence periodic or lump sum payments owing pursuant to statutory and contractual obligations entered into by the Applicants and affected former employees including the Transitional Retirement Allowance and any pension benefit payments former employees are entitled to receive in excess of the registered pension plans; and • The representatives who have put forward CAW-Canada as proposed representative counsel have filed a motion seeking an Order that the Applicants recommence certain periodic and lump sum payments that are claimed to be owing under the collective bargaining agreement between CAW-Canada and the Applicants

Court officer report · 16 April 2009