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The court extended the CCAA stay for 30 days, granted a $100,000 administrative charge, declared ICBC a critical supplier, and adjourned RBC’s receiver application.
La Cour ordonne que quatre actions liées au projet Bear Mountain soient entendues ensemble, concluant que les faits, les relations et les questions se recoupent fortement.
Motion dismissed because the Agreement expressly fixed the values of the land and golf privileges leaving no ambiguity that would justify extrinsic production; applying Laushway factors the requested documents lacked relevance and were disproportionate to the issues in dispute, so the presumption of disclosure was not established.
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Application to cancel a certificate of pending litigation was dismissed because the applicant failed to show hardship and inconvenience under the Land Title Act.
Applying the Livent comparative liquidation deficit framework to the evidentiary record, including the unchallenged deconstruction and adjustments by PwC's expert and the legal evidence concerning the SIPA Settlement Agreement, the motion judge reasonably found no genuine issue of damages requiring a trial; the $1.03 billion net withdrawal and the limited nature of the SIPA judgments were properly treated as reducing any alleged loss and the motion judge's findings were not palpably and overridingly erroneous.
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Where a fixed contract price exists and the owner has retained 10% of amounts paid to the contractor, the owner may rely on the contract price (inclusive of HST as claimed) to calculate the statutory holdback; the applicant's evidence that nothing further is owing to the contractor and that Qualtech and its receiver have settled supports allowing payment of the calculated holdback into court and vacating liens absent evidence from claimants establishing a contrary value.
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The Supreme Court of Canada held that leases with options to purchase at fair market value fell within Nova Scotia’s Conditional Sales Act and had to be registered.
Appeals from an Exchequer Court railway sale order were dismissed. The Supreme Court upheld acceptance of Béique’s single tender and rejected the disqualification objection.
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