Summary

In iAnthus Capital Holdings, Inc.(Re)[1], Gomery J. of the Supreme Court of British Columbia, approved an amended plan of arrangement (the Amended Plan) after he invited the petitioners to narrow the release and injunction clauses of the first plan the petitioners had applied for (the First Plan).[2]

The initial release clause was broad enough to make Gomery J. declare that he did not have the power to make it an ancillary order under British Columbia’s Business Corporations Act (BCA), and that it rendered the otherwise acceptable plan unfair and unreasonable. The clause had the effect … Continue Reading