On September 4, 2013, the Court of Appeal for Ontario released its decision in the sentence appeal in R. v. Metron Construction Corporation1 (“Metron”). Government prosecutors had appealed against the C$200,000 fine Metron received on July 13, 2012, after the company pleaded guilty to a charge of criminal negligence causing death.
Canada, Ontario, Employment & Labor, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, Criminal negligence
The Indalex decision, released by the Ontario Court of Appeal earlier this year, gave priority to pension plan members over other secured creditors that had advanced funds to keep Indalex from bankruptcy. This case came as a surprise to many practitioners and may have far-reaching implications for pension plan administrators and creditors alike.&nbs
Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Heenan Blaikie LLP, Conflict of interest, Surety, Debtor, Fiduciary, Defined benefit pension plan, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada), Personal Property Security Act 1990 (Canada), Court of Appeal for Ontario