Case Overview:
The case involved disputes over the financing of a large construction project in Richmond, BC. Romspen Investment Corporation, the primary secured creditor, halted funding during the COVID-19 lockdown, causing financial distress for the developers, who sought protection under the Companies’ Creditors Arrangement Act (CCAA).

Legal Issues:

1. Whether orders by Justice Majawa in the "Related Actions" (civil actions connected to the CCAA proceedings) were “made under” the CCAA and subject to the appeal restrictions of Section 13 of the Act.
2. Priority disputes regarding security interests between Romspen and GEC arising from a subordination agreement.
3. Allegations of breach of the construction loan agreement by Romspen and claims for damages by developers and guarantors.

Key Findings:
The Court ruled that Justice Majawa’s orders were not “made under” the CCAA. Instead, they addressed liability under general civil law. Romspen was awarded judgments for outstanding debts and costs, including:

• Dismissing the developers’ counterclaims for breach of contract.
• Dismissing GEC’s claims for priority over Romspen’s security interest.
• Awarding costs to Romspen.

Monetary Awards:
Judgments and costs awarded to Romspen exceeded $400 million, subject to further assessment for specific amounts owed.