In January and February of 2012, Justice Morawetz of the Ontario Superior Court of Justice (Commercial List) released two decisions in which he authorized a debtor-in-possession ("DIP") financing charge, an administration charge, and a directors and officers ("D&O") charge ranking ahead of, among other claims, possible pension deemed trusts over the objection of the debtor companies’ unions and on notice to the members of the companies’ pension administration committees.

In the recent decision of the Supreme Court of Canada in Toronto-Dominion Bank and Her Majesty the Queen (2012 SCC 1), the Supreme Court succinctly agreed with the reasons of Justice No. l of the Federal Court of Appeal.

In the recent decision of the Supreme Court of Canada in Toronto-Dominion Bank and Her Majesty the Queen (2012 SCC 1), the Supreme Court succinctly agreed with the reasons of Justice Noël of the Federal Court of Appeal.

In the decision of Justice Morawetz of the Ontario Superior Court of Justice (Commercial List) (the "Court") in "In the Matter of Aero Inventory (UK) Limited and Aero Inventory PLC", the Court held that proceeds of a fraudulent preference action recovered by a trustee in bankruptcy under section 95 of the "Bankruptcy and Insolvency Act" ("BIA") may be subject to the rights of secured creditors, to the extent secured creditors had rights in the collateral in question at the time of the impugned t