On October 27, 2009 Justice Pepall of the Ontario Superior court issued an order appointing Cavalluzzo as representative counsel for retirees formerly employed by the Canwest companies currently under insolvency protection.
The group now being represented by our firm includes all former employees of the Canwest entities under insolvency protection who are entitled to receive pension or non-pension benefits, excepting former members of the Communications, Energy and Paper-workers Union of Canada ("CEP"), but including CEP retirees from CHCH TV. The CHCH TV retirees had formed a committee and retained Cavalluzzo directly some months ago.
Cavalluzzo did not seek to represent other former members of the CEP, since the CEP stated an intention to advance the interests of both its members and former members in the proceedings.
The Court made the appointment of our firm stating:
The Retirees are a particularly vulnerable group and without professional and legal resources, they are likely at risk of being unable to understand and protect their interests in the restructuring. Clearly there is a social benefit associated with them being represented. The appointment of a single representative counsel will facilitate the administration of the proceedings and provide for efficiency. Cavalluzzo LLP is experienced in this area, has a considerable reputation, and is fully qualified to act.
The Court also ordered that the funding for legal representation of the retirees by Cavalluzzo should be provided by Canwest, stating:
I accept the evidence before me to the effect that most individual Retirees likely do not have the means to obtain actuarial and/or benefit experts and would benefit from the assistance offered by representative counsel and its pension expert. Absent such an order, there would likely be a multiplicity of lawyers acting for various Retirees, stress and inconvenience for those who could ill afford such representation, no representation for some, and the disorganization and inefficiency associated with multiple representation of substantially similar interests. A single counsel diminishes the likelihood of "overlawyering" and funding of such representation is a recognition of that desirable objective. It is fair and just to grant such an order.
Hugh O’Reilly and Amanda Darrach are acting for the Canwest retirees.