In my view, the appropriate relief for the oppression that
I have found in the port transaction, and I so order, is that the
lease to Portco, the cargo handling agreement and the shared
services agreement be amended to provide that after the GIP
loan has matured and been paid, Algoma shall have at any time
thereafter during which the lease exists the option of terminating the lease to Portco, the cargo handling agreement and the
shared services agreement. Further, if the cargo handling
agreement continues and if Portco elects not to renew it after
20 years or after any three-year extension, the lease to Portco
shall terminate at that time along with the cargo handling
agreement and shared services agreement. Upon termination
of the lease, Algoma shall repay to Portco $4.2 million with
interest from the date of the termination of the lease calculated
under the Courts of Justice Act, R.S.O. 1990, c. C.43. If there
is any issue as to any payment to be made by Algoma to Portco
under s. 2.1 of the lease, that issue shall be arbitrated under the
provisions of art. 18 of the lease.
 I do not think that any amendment to the claim of the
monitor is necessary for this order to be made. It goes partway
to the full setting aside of the port transaction that was claimed
by the monitor. However, if necessary I would grant leave to the
monitor to amend its claim to support this relief that I order.
The issues were fully canvassed in the evidence and argument.
 Portco has made a counterclaim for a declaration that
the $19.8 million note has been paid in full as a result of set-off
and for payments beyond that amount said to be owing
under the cargo handling agreement. When and how the set-off
occurred is not in the record and whether that could be affected
by the stay of proceedings in the CCAA has not been argued.
Nor are the amounts said to be owing set out with any precision.
In my view, the appropriate place to make this claim is in
the CCAA proceedings and I do not intend to deal with it in
 Any party seeking costs may make brief cost submissions in writing within two weeks along with a proper cost
outline and brief responding cost submissions may be made
in writing within a further two weeks.