[ 193] The obligation is to disclose relevant information. The
identities of others who have been tested are not relevant. The
Crown is therefore entitled to edit those identities before
disclosing the rolling logs.
[ 194] For these reasons, I would dismiss the appeals.
General Motors of Canada Company v.
Trillium Motor World Ltd.
[Indexed as: General Motors of Canada Co. v. Trillium Motor World Ltd.]
2019 ONSC 520
Superior Court of Justice, McEwen J.
January 22, 2019
Bankruptcy and insolvency — Property of bankrupt — Costs award
made in favour of bankrupt prior to bankruptcy in its capacity as representative plaintiff in class proceeding forming part of bankrupt’s estate.
Civil procedure — Class proceedings — Costs — Personal Property
Security Act having no application to first charge obtained by class
counsel under Class Proceedings Act — Class Proceedings Act first
charge taking priority over perfected security interest under Personal
Property Security Act — Class Proceedings Act, 1992, S.O. 1992, c. 6 —
Personal Property Security Act, R.S.O. 1990, c. P.10.
Personal property security — Priorities — First charge obtained by class
counsel under Class Proceedings Act (“CPA”) effectively being solicitor’s
lien for purposes of priority dispute with secured creditor under Personal
Property Security Act (“PPSA”) — PPSA having no application to first
charge under CPA — CPA first charge taking priority over perfected
security interest under PPSA — Class Proceedings Act, 1992, S.O. 1992,
c. 6 — Personal Property Security Act, R.S.O. 1990, c. P.10.
A costs award was made in favour of the respondent in its capacity as a representative plaintiff in a class proceeding. The applicant was a secured creditor of
the respondent. It brought an application for an order adjudging the respondent
bankrupt, an order that the costs award be deemed the property of the respondent, and an order declaring that the applicant, as a secured creditor, had a first-ranking security interest over the costs award, and specifically ranked in priority
to class counsel, who had not been paid by the respondent.
Held, the application should be allowed in part.
There was no doubt that the respondent’s debts outweighed its assets and that
it had ceased to meet its liabilities as they became due. The applicant was entitled
to an order adjudging the respondent bankrupt.