Newline Canada Insurance Limited v. Fiera Private Debt Fund III LP

Decided: 2026-10-02. Docket: CA 551067. Citation: 2026 NSCA 71 (CanLII). Bankruptcy and insolvency — CCAA proceedings — Court authority — Companies’ Creditors Arrangement Act, s. 11 — Did the supervising judge exceed s. 11 authority by determining motions against the D&O insurer — Remedial objectives and “single proceeding model” considered — Motion held unrelated to restructuring and not tethered to CCAA purposes — Appeal allowed | Insurance — Action against insurer — Standing and procedure — Insurance Act (Nova Scotia), s. 28(1) — Whether third party may pursue coverage and defence costs through CCAA proceedings rather than after judgment and unsatisfied execution — Privity of contract and statutory right of action addressed — Section 28(1) described as the appropriate route — Order set