Non-Unionized Employees, Former Employees with Continuing Entitlements from HBC, and Retirees
A Court appointed official called the Monitor will be overseeing and supervising this process to assist the Court. Alvarez & Marsal Canada Inc. was appointed as the monitor in the CCAA Proceedings. Their website is available here.
On May 5, 2025, following the recommendation of an independent third-party, Ursel Phillips Fellows Hopkinson LLP was appointed as Representative Counsel to represent non-unionised current employees employed as of March 7, 2025, former employees with continuing entitlements from HBC, and retirees (the Represented Employees) of Hudson’s Bay. Former Employees with continuing entitlements include former employees with salary continuations, former employees with vested pension entitlements, and former employees in receipt of Long-Term Disability Benefits. This group is generally referred to as the Represented Employees.
The terms of our appointment will be set out in the Employee Representative Counsel Order of the Court.
We will use this site to provide important information for Represented Employees throughout these proceedings.
If you are a Represented Employee of Hudson’s Bay, with additional questions about the proceeding, please email us at HBCEmployees@upfhlaw.ca or call us on our toll-free number at 1-800-414-6610.
What’s New
May 9, 2025 - Sales Commissions Reinstated
We are writing to provide an update for all active HBC employees who earn sales commissions. HBC gave notice on April 20, 2025 that sales employees who earn commissions would cease to be paid those commissions during the liquidation. We are writing to confirm that HBC has reversed that decision and that all employees who previously received sales commissions will continue to do so. Furthermore, we understand that no missed commission pay periods have elapsed and that employees will continue to receive their sales commissions on their regular schedule.
Opt-Out Process Update
As you know, on March 7, 2025, Hudson’s Bay Company ULC Compagnie De La Baie D’Hudson SRI and several related companies (“Hudson’s Bay”) were granted protection from their creditors under the Companies’ Creditors Arrangement Act (“CCAA”), pursuant to an Order of the Honourable Justice Osborne of the Ontario Superior Court of Justice. Alvarez & Marsal Canada Inc. was appointed as the monitor in the CCAA Proceedings. The monitor maintains a regularly-updated website where court filings can be accessed here.
On May 5, 2025, following the recommendation of an independent third-party, Ursel Phillips Fellows Hopkinson LLP was appointed as Representative Counsel to represent current and former employees with continuing entitles from the Applicants or any of them as at the date of the Initial Order, and retirees of the Applicants, who are not represented by a union, or were not represented by a union at the time of their separation from employment (the “Current or Former Employees”), or any person claiming an interest under or on behalf of a current or former employee of the Applicants including beneficiaries and surviving spouses but excluding directors and officers of the Applicants (collectively, the Represented Employees).
The terms of our appointment are set out in the Employee Representative Counsel Order of the Court, accessible here.
If you do not wish to be represented by our firm you may opt out of this arrangement by completing the Opt-Out form that will be posted on the Monitor’s website and returning it to the Monitor, as directed on the form.
Please note that you must return your completed Opt-Out form to the Monitor in order to opt out of representation by the ERC.
Please note that if you choose to opt-out, you will not lose any legal entitlements through the CCAA process. However, any legal assistance which you might have accessed from the ERC, without cost to you, will not be available. If you opt out, and you wish to obtain legal assistance about your rights in this CCAA process, it will be at your own expense. We would ask you to consider this matter carefully, as opting out can have financial consequences for you.
If you have any questions about the Opt-Out process, please contact the Monitor at HudsonsBay@alvarezandmarsal.com or 1-416-847-5157.
If you have any additional questions about the proceeding, please email us at HBCEmployees@upfhlaw.ca or call us on our toll-free number at 1-800-414-6610.
Who is an Employee Representative Counsel and What Do We Do?
An Employee Representative Counsel (ERC) is a firm of court appointed lawyers whose responsibilities include assisting affected employees and former employees in a Companies’ Creditors Arrangement Act (CCAA) process like the one your employer/former employer is now engaged in.
In the HBC CCAA proceedings, we have been appointed to represent current and former employees with continuing entitlements from the Applicants or any of them as at the date of the Initial Order, and retirees of the Applicants, who are not represented by a union, or were not represented by a union at the time of their separation from employment (the “Current or Former Employees”), or any person claiming an interest under or on behalf of a current or former employee of the Applicants including beneficiaries and surviving spouses but excluding directors and officers of the Applicants (collectively, the Represented Employees).
Former employees with continuing entitlements include former employees with salary continuations, former employees with vested pension entitlements, and former employees in receipt of Long-Term Disability Benefits.
The terms of our appointment are contained in the Employee Representative Order issued by the Court on May 5, 2025. The order sets out our role as:
1. Representing the Represented Employees in the Insolvency Proceedings;
2. Communicating with the Applicants, the Monitor and other stakeholders on behalf of the Represented Employees generally, and in respect of future motions and orders to be sought in the Insolvency Proceedings;
3. Advising the Represented Employees in respect of employment or other workplace matters arising within the Insolvency Proceedings;
4. Filing claims in any claims process that may be approved within the Insolvency proceedings;
5. Advising the Represented Employees in respect of matters involving their other post employment benefits entitlements;
6. Participating on behalf of the Represented Employees with the settlement or compromise of any rights, entitlements or claims of the Represented Employees; and
7. Participating in and assisting with, on behalf of the Represented Employees, claims filed under the Wage Earner Protection Program Act, if applicable
Pursuant to that Order, Hudson’s Bay is required to pay our fees and disbursements. However, our responsibilities are to the Represented Employees, not Hudson’s Bay.
Typically, we assist Represented Employees in understanding what is happening in the proceedings, resolving any disputes related to employment during a liquidation, assisting employees with claims under the Wage Earner Protection Program, and where there is a CCAA claims process for claims against the company, assisting employees in making such claims.
The ERC is also empowered, as your representative, to negotiate with the employer, the Monitor and other stakeholders, on your behalf, to ensure your interests are represented in these proceedings. The kinds of issues an ERC typically negotiates about include individual litigation which has been stayed (stopped) because of the Court Order placing Hudson’s Bay in the CCAA process, and also larger issues like access to government programs which may become available to you as a result of the closure of part or all of Hudson’s Bay’s business.
We also remain available to the employees throughout this process to assist with your individual questions about the process, your entitlements and other matters relating to your employment with Hudson’s Bay. Please contact us through our dedicated email address at: hbcemployees@upfhlaw.ca, or our dedicated telephone line at: 1-800-414-6610.