All moot since dismissed. Regardless, Tenor recovers their litigation costs from Crystallex, which essentially comes out of the pocket of commons because Crystallex would have to do another give-away of common's award portion. Gowlings litigation fees might paid be by either a piece of common's award or possibly straight out of opt-in common's pockets. Who knows.
So, commons would lose again. Only this time they would get double-dipped.
All orders in this CCAA benefit "stakeholders." Stakeholders include the in-place Tenor-Crystallex management board. Does "stakeholders" include commons? Observe the non-stop motions/orders giving away common's award portion to answer that question.
What order has come out of this CCAA that has outright benefitted only commons?
As to this fuss about the Bondies would be worse than Tenor, that is a different time-line. Folks are PO'ed at Tenor now. Enough so to gather together for a moving parties motion.
The deal that the Bondies offered way-back-when, is actually looking pretty good right now.