This morning the monitor for JTI-Macdonald uploaded recent decisions by Chief Justice Morawetz, to agree to the company's request for an amendment to its initial orders, as discussed in a previous post.
The "Second Amended and Restated Order" giving the company CCAA protection is available, as is the "endorsement" in which Chief Justice Morawetz' reasons, pasted below, are given.
[1] The motion proceeded on April 29, 2025, on an unopposed basis. The evidence to support the requested relief is set out in the 26th and 27th Reports of the Monitor and in the Affidavit of William E. Aziz, sworn April 23, 2025.
[2] The relief as set out in the Notice of Motion requests rectification of two points in paragraph 20 of the Initial Order. However, at the hearing, it became apparent that the Applicant was actually seeking to amend two inadvertent errors in paragraph 20 and relied upon Rule 59.06(1) of the Rules of Civil Procedure for such relief.
[3] At the hearing, I indicated that the motion was conditionally approved upon being satisfied that there was direct contact with the Attorney General of Canada, representing Health Canada regarding the motion and that the Monitor was satisfied that no party in interest would be prejudiced if the relief was granted.
[4] The Monitor’s 27th Report confirms that direct contact has been made with both the Attorney General of Canada, representing Health Canada and no objection to the requested relief has been made. The Monitor has reaffirmed its view that no party in interest will be prejudiced by the requested relief.
[5] Having reviewed the record, I am satisfied that paragraph 20 of the Initial Order contains two inadvertent errors as referenced in the Notice of Motion and it is appropriate that these errors be corrected as requested by the Applicant.
[6] The Motion is granted and an Order giving effect of the foregoing has been signed.
