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Accessing severence from an employer in creditor protection.

ANSWER: Unfortunately, there is very little you can do. Theoretically, your rights are being sacrificed for the greater good. I am sure that is very little consolation for you and your family. After all those years you are owed 34 weeks pay pursuant to the Employment Standards Act even if you get a better paying job tomorrow. Additionally, you could get up to two years’ lost wages which would include that 34-week minimum. Those would be your normal entitlements if you could take this to court. 

The problem is you are not allowed to take the matter to court as any claim you had a lawyer issue would be immediately thrown out with cost consequences against you.  Until further notice you and all the other terminated employees are prohibited from bringing a claim through the normal processes.

The rights of creditors and employees are being compromised in various ways by the creditor protection process in the hope that some viable entity will continue on as a business. The thinking is that that is the greater good in the long run. We’ll see. It is possible that in the future you may e able to make a claim depending on what the judge in charge decides. Sorry I did not have a more encouraging answer.
 
Ed Canning
Ed Canning
P: 905.572.5809
ecanning@rossmcbride.com