R. v. Shehrazad Non Profit Housing Inc.
The appeal was dismissed because the application judge did not err in exercising his discretion to appoint a receiver: the respondent had a direct financial interest and the appellant was insolvent so a receiver was appropriate pending determination of the subsidy dispute.
Source-derived case information.
- Citation
- 2007 ONCA 626
- Parties
- Appellant: SHEHRAZAD NON PROFIT HOUSING INC.; Respondent: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO; Receiver: Receiver
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 September 2007
- Procedural Posture
- Criminal / Appeal From Order Appointing Receiver (court of Appeal)
- Outcome
- Appeal dismissed; order appointing receiver upheld
- Legal Topics
- Appointment of Receiver, Subsidies, Social Housing, Discretionary Relief, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SHEHRAZAD NON PROFIT HOUSING INC.
Appellant
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
Respondent
Receiver
Receiver
Procedural Posture
Criminal / Appeal From Order Appointing Receiver (court of Appeal)
Legal Issues
- 1 Whether the application judge erred in exercising his discretion to appoint a receiver
- 2 Whether the respondent had a sufficient direct financial interest to justify appointment of a receiver
- 3 Whether appointing a receiver pending resolution of a dispute over subsidies was appropriate
Ratio Decidendi
The appeal was dismissed because the application judge did not err in exercising his discretion to appoint a receiver: the respondent had a direct financial interest and the appellant was insolvent so a receiver was appropriate pending determination of the subsidy dispute.
Court Disposition
Appeal dismissed; order appointing receiver upheld
Orders
- Appeal dismissed
- Motion for leave to appeal costs dismissed as moot
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Shehrazad Non Profit Housing Inc. Collection Decisions of the Court of Appeal Date 2007-09-14 Neutral citation 2007 ONCA 626 Docket numbers C46620 Judges Sharpe, Robert J.; Gillese, Eileen E.; Juriansz, Russell G. Subject Criminal Decision Content CITATION: R. v. Shehrazad Non Profit Housing Inc., 2007 ONCA 626 DATE: 20070913 DOCKET: C46620 COURT OF APPEAL FOR ONTARIO SHARPE, GILLESE and JURIANSZ JJ.A. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO Respondent and SHEHRAZAD NON PROFIT HOUSING INC. Appellant Michael A. Jaeger for the appellant Troy M. Harrison for the respondent C. Mills and J. Carhart for the receiver Heard: September 13, 2007 On appeal from the order of Justice James M. Spence of the Superior Court of Justice dated January 20, 2007. APPEAL BOOK ENDORSEMENT [1] The order appointing a receiver is discretionary and the application judge’s jurisdiction to make an order is conceded. We are not persuaded that the application judge erred in the exercise of his discretion. The respondent is the only entity with a direct financial interest in the projects and its interest is clearly at risk. The appellant is insolvent and would be unable to meet all its obligations even if the disputed subsidies were paid. [2] The application judge found that the respondent had a proper interest in ensuring that the projects remain part of the social housing stocks of the province. We agree with the application judge that in all the circumstances it would not be appropriate to refuse a receiver pending determination of the appellant’s motion against the respondent in relation to subsidies. As he found, even if that action were successful, it would not solve the financial problems of the appellant. [3] Accordingly, the appeal is dismissed. In light of this disposition, the motion for leave to appeal costs is moot and is accordingly dismissed. [4] We order no costs in favour of the receiver on one fresh evidence motion. Costs to the respondent if demanded fixed at $10,000.