Ontario · CCAA

The purpose of this Thirty-Fifth Report is to report to this Court with respect to Weinrich’s motion to lift the Stay in favour of Carillion Canada in order to continue an action against Carillion Canada commenced in the Alberta Court of Queen’s Bench bearing court file number 2003 09197 (the “Weinrich Action”). From time to time in these CCAA proceedings, the Monitor has given its consent, and consented on behalf of the Applicants, to lift the Stay to permit litigation against the Applicants to proceed. These instances all involve actions against one or more of the Applicants where insurance is available to satisfy an award in favour of the claimant. Consent to lift the stay has been given on terms (discussed below) designed to minimize prejudice to the Applicants’ estates. The Monitor has not provided its consent to lift the Stay in respect of the claim advanced by Weinrich Holdings Ltd. (“Weinrich”) because: (a) Weinrich’s claim was commenced in the face of the Stay Period and is therefore an irregularity. The Monitor understands from its counsel that, in the circumstances, (i) if the irregularity is to be cured, the Stay must be lifted nunc pro tunc, (ii) given the passage of the limitation period applicable to Weinrich’s claim, in the circumstances, a Court would not grant such a nunc pro tunc order, and (iii) absent direction from the Court, that the Monitor should not consent to lift the Stay in circumstances where a Court may not make an order; and (b) Weinrich has refused to agree to conditions the Monitor believes are appropriate to impose when the Stay is lifted, as discussed below

Court officer report · 30 September 2021