July 17, 2015
Notice of motion for leave to appeal regarding: a) health benefit termination, and b) non-application of PBSA
On July 17, 2015, we filed a Notice of Motion for Leave to Appeal (i.e., permission to appeal) to the Québec Court of Appeal with respect to two discrete issues in the decision of Mr. Justice Hamilton dated June 26, 2015. First, we sought leave to appeal with respect to his decision to approve the termination by Wabush of health benefits for employees and retirees without prior notice, which we argued was in contravention of section 32 of the CCAA. Second, we sought leave to appeal with respect to the judge’s finding that the deemed trust pension priority in the federal Pension Benefits Standard Act (“PBSA”) has no application in the CCAA proceeding. The motion was scheduled to be heard before the Québec Court of Appeal on August 5, 2015. If you wish to see a copy of our Notice of Motion for Leave to Appeal, please click here.