Not Another Boring Bulletin: Stays Of Performance Bonds In CCAA Proceedings – Insolvency/Bankruptcy

In a development with potentially significant implications for the construction and insolvency sectors, the Ontario Superior Court granted an initial order under the Companies’ Creditors Arrangement Act (“CCAA“) that included a rarely seen measure: a stay on calls against performance bonds. The decision in Re Earth Boring Co. Limited raises important questions about the limits…