Grant Forest Products Inc. (Re)

2013 ONSC 5933 (CanLII)Decided

CCAA Pension Claims: Deemed Trust Priority

Summary

This is a merits decision in CCAA proceedings addressing the priority of pension claims and the interaction between federal insolvency law and provincial pension legislation. The court considered whether a deemed trust arises under the Pension Benefits Act during a CCAA stay and if the CCAA regime overrides provincial deemed trust provisions. The case also examined the obligation to make special windup deficiency payments during the restructuring process.

Outcome

Court addressed priority of pension claims and deemed trusts in CCAA proceedings

Key Factors

  • CCAA proceedings
  • Pension plan windup deficiency
  • Deemed trust
  • Creditor priorities
  • Federal paramountcy

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