Not another Boring Bulletin: Stays of Performance Bonds in CCAA Proceedings

Catherine Doyle, Jason Annibale, Tushara Weerasooriya, Emily Hush and Alexander Overton of McMillan look at the stay on calls against performance bonds in the Earth Boring Co. CCAA, concluding that it disrupts the commercial logic underpinning surety agreements and shifts risk to project owners and their financiers in ways that may seem difficult to justify under the statutory framework.