Literature is filled with instances when the characters are
taken from one world in which they are comfortable and understand
what to expect, and are then transported into a very different
world where the "rules" are suddenly very different. A
trade with rights under the Construction Lien Act (the
"CLA") could be forgiven for feeling
very much like they have been put in that situation if a proceeding
under the Companies' Creditors Arrangement Act (the
"CCAA") affects a project on which they
are working. Hence the perhaps colourful literary reference.
The purpose of this paper is to briefly outline some of the
salient ways in which a CCAA proceeding may impact the rights and
obligations of a trade involved in a project, and to offer
suggestions on options for how a trade might be able to better its
position in such circumstances. Much of this is derived from the
recent CCAA proceedings involving Comstock Canada Ltd. and its
affiliated companies.
