Based on the forgoing, Morawetz J. found the
recognition of the Final DIP Facility Order was necessary for the protection
of the debtor company's property and for the interests
of the creditors.9 In reaching this
conclusion, Morawetz J. took into account the public policy exception set
out in section 61 (2)
of the CCAA which states: «Nothing in this Part prevents the Court from refusing to do something that would be contrary to public policy.»