In 7636156 Canada Inc. v. OMERS Realty Corporation1 (“7636156 v. OMERS”), the Ontario Superior Court of Justice (Commercial List) (the “Court”) held that a bankrupt’s landlord was only entitled to have drawn down on a letter of credit by an amount equal to the landlord’s priority claim for three months’ accelerated rent, rather than by the full amount of the letter of credit, and ordered that the landlord pay over the excess to the bankrupt’s trustee.
Canada, Ontario, Insolvency & Restructuring, Litigation, Real Estate, Aird & Berlis LLP | Aird & McBurney LP, Letter of credit, Landlord, Bankruptcy and Insolvency Act 1985 (Canada), Ontario Superior Court of Justice