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"CCAA: The Ultimate Restructure"

Jurisdiction: - Canada/Federal

Ontario labour and employment lawyer Janice B. Payne has written a paper entitled "CCAA: The Ultimate Restructure" (September 21, 2009). The first part of the paper provides an overview of the Companies' Creditors Arrangement Act ("CCAA").

The second part of the paper focuses on employment issues under the CCAA and specifically addresses:

  • Statutory Provisions: s. 11.3 (pay for current service)
  • Priority Between CCAA and Other (Employment) Legislation 
  • Specific Types of Employment-Related Claims
    • Wages
    • Vacation Pay
    • Post-employment benefits
    • Pension Claims
    • Changes to existing terms & conditions of employment
  • Transfer of Employees to a New Employer (Asset Sale)
  • Is the Monitor a Successor Employer? 
  • The Stay of Labour Relations Proceedings 
  • Amendments to CCAA Soon To Be in Force
  • Wage Earner Protection Program