ARTICLE · 27 JULY 2009

Focus On Insolvency Law - June, 2009

Dentons Canada LLP

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In Re ScoZinc Ltd., 2009 NSSC 136 the monitor appointed under the Companies’ Creditors Arrangement Act (“CCAA”) brought a motion for directions on whether it had the authority to allow the revision of a claim after the claim’s bar date, but before the date set for the monitor to complete its assessment of claims.

CanadaInsolvency/Bankruptcy/Re-Structuring

David Mann

David LeGeyt

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THE MONITOR'S POWER TO REVISE CLAIMS AFTER A CLAIMS BAR DATE

In Re ScoZinc Ltd., 2009 NSSC 136 the monitor appointed under the Companies' Creditors Arrangement Act ("CCAA") brought a motion for directions on whether it had the authority to allow the revision of a claim after the claim's bar date, but before the date set for the monitor to complete its assessment of claims.

On December 22, 2008 ScoZinc. Ltd. ("ScoZinc") was granted protection by way of a stay of proceedings of all claims pursuant to s. 11 of the CCAA. The determination of creditor's claims was set by a Claims Procedure Order. This Order set dates for the submission of claims to the monitor, as well as dates by which the monitor must assess the claims.

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