You are on page 1of 26
24-04-2009 19:40 STIKEMAN ELIOTT LLP P.001/026 ‘CANADA, SUPERIOR COURT PROVINCE OF QUEBEC Commercial Division DISTRICT OF MONTREAL Gitting as a court designated pursuant to the Conipanies' Creditors Arrangement Act, ‘No, : 500-11-036133-094 RSC, <. C36 IN THE MATTER OF THE PLAN OF ‘COMPROMISE OR ARRANGEMENT OF: ABITIBIBOWATER INC. etals And ERNST & YOUNG INC. Sender Guy P. Martel STIKEMAN ELLIOTT Stikeman Elliott LLP Barristers & Solicitors Suite £000, 1155, René-Levesque Blvd. West Montréal, Quebec H3B3V2 ‘Telephone (514) 397-3000; Telecopier (514) 397-9222 Addressee: Syndicat canadien des communications, de Yénergie et du papier (SCEP) ct ses sections locales, Canadian Paperworkers Union a/s Trudel Nadeau Avocats senctl Att: Me Yves St-André Fax: (614) 499-0812 Proceeding being served: Motion De Bene Esse for Authorization to Suspend Certain Payments to Pension Plans Maintained by the Petitioners, Affidavit and Notice of Presentation. Additional documentation pertaining _itp://documentcentre,eycan.com/. to AbitibiBowater Inc’s CCAA 13°32 Proceedings available at: Date and Time of service: April 24, 2009 Our file: 041053-1170 Operator: ature) Tost manber of papsicadng i conestee 2, Fyoabnarncarca poes cay placa aso eeepc aa (CONFIDENTIALITY CAUTION: Tis message is intended only for the use ofthe individual or ena 1 whch addressed and contains information tat is prvloged and confidential. Ifthe reader of thus message ie Not the intended recipient, or the employee or agent resporwible for delivering the message to the intended recipient, you are hereby notified that any disicmination, dstoution or copying of this communication is strcly prohibited. I you have _sceved this communieation in eror, please roily os imenediatly by telephone and setum the oiginel mewage tous at theabove addvess at ou cot, 24-04-2009 1 18:40 STIKEMAN BLIOTT LLP CANADA SUPERIOR COURT PROVINCE OF QUEBEC Commercial Division DISTRICT OF MONTREAL Gitting as a court designated pursuant to the Companies’ Creditors Arrangement Act, No. : 500-11-036133-094 R 36) IN THE MATTER OF THE PLAN OF COMPROMISE OR ARRANGEMENT OF: ABITIBIBOWATER INC. and ABITIBI-CONSOLIDATED INC. and BOWATER CANADIAN HOLDINGS INC. and the other Petitioners listed on Schedules A Band Petitioners And ERNST & YOUNG INC. Monitor MOTION DE BENE ESSE FOR AUTHORIZATION TO SUSPEND CERTAIN PAYMENTS TO PENSION PLANS MAINTAINED BY THE PETITIONERS TO ONE OF THE HONORABLE JUDGES OF THE SUPERIOR COURT, SITTING IN COMMERCIAL DIVISION, FOR THE JUDICIAL DISTRICT OF MONTREAL, THE PETITIONERS RESPECTFULLY SUBMIT THE FOLLOWING: 1 PREAMBLE 1. On April 17, 2009 the Petitioners filed a Petition for an Initial Order pursuant to sections 4, 5 and 11 of the Companies’ Creditors Arrangement Act (the "CCAA") and Petition for the Issuance of a Recognition Order pursuant to Section 18.6 of the CCAA P.002/026 24-04-2009 18:40 STIKEMAN ELIOTT LLP P.003/026 (the "Initial CCAA Petition"), the whole as appears from the record of the Court in this docket. All capitalized terms not otherwise defined herein shall have the | meaning ascribed thereto in the Initial CCAA Petition. | 2 As stated in the Initial CCAA Petition, the Petitioners sought specific orders in | respect of special payments or contributions in respect of past service to their | defined benefit pension plans (the "Special Payments Orders"), 3. On the same day, this Court issued an Initial Order (the "Initial Order") in| | respect of the Petitioners, the whole as appears from the record of the Court in this docket. On April 22, 2009, this Court issued an Amended Initial Order, the | whole as appears from the record of the Court in this docket, 4, The Initial Order contains the customary stay of proceedings and a prohibition on the payment of amounts owing to creditors as of the date thereof except as specifically permitted. Paragraph 21(a) permits payments of "current pension contributions" whether incurred prior to or following the date of the Order. The Initial CCAA Petition sought to supplement this with the Special Payments — | Orders. 5. This Court did not, however, issue the Special Payments Orders but rather decided to proceed as follows: "With respect to the request for the suspension of the 1 past service contributions or special payments to the pension plans, petitioners will communicate with the Court to fix a date of hearing before April 30, 2009", the whole as appears from the record of the Court in this docket, 6. At the hearing of April 22, 2009, in this matter, it was determined that the hearing on Petitioners’ request for the issuance of the Special Payment Orders would be heard by this Court on April 30, 2009 at 9:15 in room 16.12, the whole ‘as appears from the record of the Court in this docket. | 7 The Petitioners hereby seek the issuance of the Special Payments Orders, the | whole as set forth in the conclusions of this Motion. 8. This Motion is supported by the Monitor, the whole as appears from the Monitor's Third Report. | IL THEPENSION PLANS (a) ACEPension Plans 9. Abitibi-Consolidated Inc. ("ACI") and its subsidiaries (the "ACI Group") maintain 20 registered pension plans (the "ACI Canadian Pension Plans") for | their Canadian employees. ! 10. Some of the ACI Canadian Pension Plans provide defined benefits, some provide defined contributions and some operate on a hybrid (éc., defined benefit and defined contribution) basis. All the ACI Canadian Pension Plans are registered