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Reply to Statement of Defence
 Reply to Statement of Defence of ESL Investments
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October 3, 2019 |
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Statements of Defence of Sears Holdings Corporation re Monitor's, Litigation Trustee's and Pension Administrator's actions
Statement of Defence - Monitor action
Statement of Defence - Pension Administrator action
Statement of Defence - Litigation Trustee action
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September 17, 2019 |
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Amended Statement of Defense of the Defendants William Harker and William Crowley re: Monitor Claim Amended Statement of Defense of the Defendants William Harker, William Crowley, Donald Campbell Ross, Ephraim J. Bird, James McBurney and Douglas Campbell re: Pension Administrator Claim
Amended Statement of Defence - FTI Action
Amended Statement of Defence - Morneau Action
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July 29, 2019 |
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| Litigation Trustee Amended Amended Statement of Claim |
July 19, 2019 |
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Amended Statements of Claim
Litigation Trustee Amended Statement of Claim
Monitor Amended Statement of Claim
Plan Administrator Amended Statement of Claim (CV-18-00611217-00CL) (issued)
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July 3-5, 2019 |
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Statements of Defence
Statement of Defense of the Defendants Ephraim J. Bird, Douglas Campbell, William Crowley, William Harker, James McBurney and Donald Ross re Litigation Trustee Claim
Statement of Defense of the Defendants R. Raja Khanna and Deborah E. Rosati re: Litigation Trustee Claim
Statement of Defense of the Defendants R. Raja Khanna and Deborah E. Rosati re: Class Action Claim
Statement of Defense of the Defendants R. Raja Khanna and Deborah E. Rosati re: Pension Administrator Claim
Statement of Defense of ESL Investments, Inc. re Class Action Claim
Statement of Defense of ESL Investments, Inc. ESL Partners, LP, SPE I Partners, LP, SPE Master I, LP, ESL Institutional Partners, LP and Edward S. Lampert re Monitor Claim
Statement of Defense of ESL Investments, Inc., ESL Partners, LP, SPE I Partners, LP, SPE Master I, LP, ESL Institutional Partners, LP and Edward S. Lampert re Pension Administrator Claim
Statement of Defense of ESL Investments, Inc., ESL Partners, LP, SPE I Partners, LP, SPE Master I, LP, ESL Institutional Partners, LP and Edward S. Lampert re Litigation Trustee Claim
Statement of Defense of the Defendants William Harker, William Crowley, Donald Campbell Ross, Ephraim J. Bird, James McBurney and Douglas Campbell re: Pension Administrator Claim
Statement of Defense of the Defendants William Harker and William Crowley re: Monitor Claim
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May-June, 2019 |
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Amended Statement of Claim: Class Action
Fresh as Amended Statement of Claim
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April 09, 2019 |
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Issued Statements of Claim
Litigation Trustee Claim - CV-18-611214-00CL
Morneau Sheppell Claim - CV-18-611217-00CL
Monitor's Claim - CV-18-611219-00CL
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December 19, 2018 |
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ORDERS AND ENDORSEMENTS / COMMANDES ET APPROBATIONS
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| Order Approving SHC Settlement |
April 22, 2020 |
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| Endorsement of Justice McEwen |
March 26, 2020 |
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Order of Justice McEwen re SHC Settlement
Endorsement of Justice McEwen re SHC Settlement
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March 17, 2020 |
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| Endorsement of Justice McEwen re Costs of Motion to Strike |
September 13, 2019 |
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| Order of Justice McEwen re Confidentiality |
September 12, 2019 |
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Endorsement of Justice McEwen - Scheduling of the Former Directors' Motion re Timetable for Litigation
Endorsement of Justice McEwen
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August 27, 2019 |
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| Endorsement of McEwen, J re motions to strike (Litigation Trustee Claim) |
July 12, 2019 |
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| Amended & Restated Order re Litigation Trustee |
June 24, 2019 |
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| Amended & Restated TUV Proceeding Approval Order |
June 21, 2019 |
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| Order of McEwen, J re Amended Statement of Claim - Monitor Claim |
June 18, 2019 |
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| Order of McEwen J re Amended Statement of Claim - Litigation Investigator Claim |
June 18, 2019 |
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| Order of McEwen, J re Amended Statement of Claim - Pension Administrator Claim |
June 18, 2019 |
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| Endorsement of McEwen J |
April 26, 2019 |
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| Endorsement of McEwen J |
April 18, 2019 |
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| Endorsement of McEwen J re (April 17-18 Motions) |
April 18, 2019 |
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| Endorsement of McEwen J (Timetable) |
April 01, 2019 |
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| Endorsement of McEwen J |
March 20, 2019 |
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| Order of McEwen J dated March 20, 2019 re Waiver of Privilege |
March 20, 2019 |
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| Endorsement of McEwen J dated February 15, 2019 |
February 15, 2019 |
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| Endorsement of McEwen J |
January 25, 2019 |
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MOTION MATERIALS / MATÉRIAUX DE MOUVEMENT
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Plaintiff's Factum re SHC Settlement
Plaintiff's Book of Authorities re SHC Settlement
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March 10, 2020 |
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Responding Motion Record of Representative Counsel to the Retirees, Returnable November 15, 2019
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December 06, 2019 |
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Defendants Motion Record - Directions re Status of Creditors, Returnable November 15
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November 01, 2019 |
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Motion Record of the Defendants re 31038, Returnable November 15, 2019
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October 09, 2019 |
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Joint Book of Authorities of the Monitor, Litigation Trustee & Pension Administrator
Joint Responding Factum of the Monitor, Litigation Trustee & Pension Administrator (Redacted)
Joint Transcript Brief of the Monitor, Litigation Trustee & Pension Administrator (Redacted)
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September 17, 2019 |
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| Reply Motion Record of the Former Directors |
September 6, 2019 |
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Factum of the ESL Parties re the September 19, 2019 motion to vary the Timetable Order
Factum of ESL Parties
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September 14, 2019 |
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Joint Factum, Book of Authorities and Transcript Brief of the Former Directors, for the September 19, 2019 motion to vary the Timetable Order or obtain interim funding
Joint Factum of the Former Directors
Book of Authorities of the Former Directors
Transcript Brief of the Former Directors
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September 14, 2019 |
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Reply Motion Record of the Defendants Bird, Campbell, Crowley, Harker, McBurney, Ross, Rosati and Khanna - Affidavit of Don Ross sworn September 6, 2019
Reply Motion Record - Affidavit of Mr. Ross
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September 06, 2019 |
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Joint responding motion record of the Monitor, the Litigation Trustee, and the Pension Administrator (Timetable Motion) returnable September 19, 2019
Joint Responding Motion Record
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September 03, 2019 |
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Amended Motion record of the former directors for an order varying, amending or setting aside the timetable ordered by Justice McEwen in the Estate 2013 Divided Litigation actions
Amended Motion Record of the Former Directors
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August 30, 2019 |
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Motion record of the former directors for an order varying, amending or setting aside the timetable ordered by Justice McEwen in the Estate 2013 Divided Litigation actions
Motion Record of the Former Directors
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August 26, 2019 |
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Certification Motion
1291079 Ontario Limited
Motion Record of the Plaintiff dated January 18, 2019
Supplementary Motion Record dated March 11, 2019
Factum of the Plaintiff dated April 5, 2019
Book of Authorities of the Plaintiff dated April 5, 2010
Reply Factum of the Plaintiff dated April 15, 2019
Former Directors (Crowley, Harker, Ross, Bird, McBurney and Campbell)
Supplementary Record - Compendium of Cross-Examination Transcripts dated April 12, 2019
Responding Factum dated April 12, 2019
Book of Authorities of the Former Directors dated April 12, 2019
ESL Investments, Inc.
Responding Factum of ESL Investments dated April 12, 2019
Book of Authorities of ESL Investments dated April 12, 2019
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April 17-18, 2019 |
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Motion to Strike
Litigation Trustee Materials
Responding Factum of the Plaintiff dated April 11, 2019
Responding Book of Authorities of the Plaintiff dated April 11, 2019
Crowley, Harker, Ross, Bird, McBurney and Campbell
Motion Record of the Defendants, Harker, Crowley, etc. dated March 29, 2019
Factum of the Defendants, Harker, Crowley, etc. dated March 29, 2019
Book of Authorities of the Defendants, Harker, Crowley, etc. dated March 29, 2019
ESL Investments, Inc.
Motion Record of the ESL Defendants dated March 18, 2019
Supplementary Motion Record dated March 29, 2019
Factum dated March 29, 2019
Book of Authorities dated March 29, 2019
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April 17-18, 2019 |
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Motion re: Pre-Pleading Productions
Former Directors (Crowley and Harker)
Motion Record of the Former Directors dated February 7, 2019
Factum of the Former Directors dated March 8, 2019
Book of Authorities of the Former Directors dated March 8, 2019
ESL Investments, Inc.
Motion Record of the ESL Parties dated February 7, 2019
Factum of the ESL Parties dated March 8, 2019
Book of Authorities of the ESL Parties dated March 8, 2019
Monitor and Litigation Trustee
Joint Responding Motion Record of the Monitor and Litigation Trustee dated February 21, 2019 (Volumes 1 of 3)
Joint Responding Motion Record of the Monitor and Litigation Trustee dated February 21, 2019 (Volumes 2 of 3)
Joint Responding Motion Record of the Monitor and Litigation Trustee dated February 21, 2019 (Volumes 3 of 3)
Joint Factum of the Monitor and Litigation Trustee dated March 15, 2019
Joint Book of Authorities of the Monitor and Litigation Trustee dated March 15, 2019
R. Raja Khanna and Deborah Rosati
Responding Factum of the Defendants Khanna and Rosati dated March 11, 2019
Responding Book of Authorities of the Defendants Khanna and Rosati dated March 11, 2019
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March 20, 2019 |
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Motion re: Waiver of Privilege
Monitor and Litigation Trustee
Motion Record of the Monitor dated February 7, 2019
Factum of the Monitor dated March 8, 2019
Book of Authorities of the Monitor dated March 8, 2019
Former Directors (Crowley and Harker)
Responding Motion Record of the Former Directors (CBB) dated February 21, 2019
Responding Factum of the Former Directors (CBB) dated March 15, 2019
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March 20, 2019 |
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Motion for Particulars
Motion Record of the ESL Parties dated February 7, 2019
Factum of the ESL Parties dated March 8, 2019
Book of Authorities of the ESL Parties dated March 8, 2019
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March 20, 2019 |
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| Litigation Trustee Order |
December 3, 2018 |
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| Endorsement of Hainey J - Litigation Trustee Order and Governance Protocol Order |
December 3, 2018 |
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| Motion Record of the Litigation Investigator (Appointment of Litigation Trustee, Lifting of Stay, and Other Relief) |
November 21, 2018 |
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| Brief Authorities of the Litigation Investigator |
November 20, 2018 |
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| Factum of the Litigation Investigator |
November 20, 2018 |
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| Litigation Investigator's Supplement to the First Report |
November 16, 2018 |
The purpose of this supplementary report is to provide the Court with information regarding:
a) further detail about the Hon. Douglas Cunningham, Q.C., the proposed Litigation Trustee;
b) the LI's expectation that the claim of the Litigation Trustee will be based on the same facts as set out in the Monitor's Draft Statement of Claim (attached to the Monitor's Twenty-Seventh report), although the final decision on the claim will be the Litigation Trustee's;
c) confirmation that in the course of the review of documents described in the First Report, the LI was not provided with, and did not review, any Potentially Shared Privileged Documents (as defined in the Amended Litigation Investigator Order); and
d) a revised draft order to correct some oversights contained in the draft order attached to the First Report.
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| Litigation Investigator's First Report |
November 05, 2018 |
The purpose of this first report is to provide the Court with information regarding:
a) the work done by the LI to discharge its Mandate under the LI Order;
b) the LI's recommendation of a course of action in accordance with its Report to the Creditors' Committee provided pursuant to the LI Order; and
c) the LI's request for an order authorizing the appointment of a litigation trustee to pursue the relief recommended in the Report, and related relief.
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Litigation Trustee Appointment Order (Revised)
Litigation Trustee Appointment Order
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November 05, 2018 |
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| Notice of Motion re Litigation Trustee |
November 05, 2018 |
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