They asserted that their claim had
priority over the DIP lenders because the unfunded pension liabilities created a statutory deemed trust under the PBA; and
Not exact matches
On this, the SCC held that the
DIP charge given under the CCAA had
priority over the provincial deemed trust based on the doctrine of paramountcy (Indalex, para 60).
The Court unanimously found that the
DIP charge had super
priority, which prevailed
over the PBA deemed trust.
However, the SCC overturned the Ontario Court of Appeal in its finding of the
priority of the deemed trust, unanimously maintaining that the deemed trust would not be granted super-
priority over the
DIP lenders.