Canada Case Law

Fiera Private Debt Fund III LP v. 3306133 Nova Scotia Limited

Court

Supreme Court of Nova Scotia

The court held that (1) AIG has a duty to defend under the Fiduciary Liability Policy because there is a mere possibility the Eckler Claims (fiduciary breach and conflict of interest, including diversion of pension assets and payment of litigation expenses) fall within the policy; (2) Newline must advance defence costs under the D&O Liability Policy because the pleadings and applicable principles show the true gravamen of the claims implicates directors' board-level decisions and are not categorically excluded by pension-legislation or prior-acts exclusions at this preliminary stage; (3) Eckl…

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• Duty to defend
• Duty to indemnify
• Advancement of defence costs
• Standing and jurisdiction under ccaa s.11
• Insurance act s.28(1)
• Insurance exclusions (known claims/prior acts/pension exclusion)

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LeRoy v. LeRoy

Court

Supreme Court of British Columbia

The court varied interim spousal support retroactively, imputed minimum wage income to the claimant, and denied cancellation of arrears after finding the respondent’s disclosure inadequate.

• Spousal support variation
• Imputation of income
• Retroactive support
• Disclosure
• Asset vesting orders
• Support arrears

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Teal-Jones Group (Re)

Court

Supreme Court of British Columbia

The court approved a CCAA transaction for Teal-Jones' forest licence, holding it did not effect an immediate disposition requiring ministerial approval and that the SISP was fair.

• Ccaa sale approval
• Duty to consult
• Ministerial approval under forest act
• Sisp fairness and competitive process
• Tenure management and transfer
• Ccaa-sale-approval

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ITMO Myra Falls Mine Ltd.

Court

Supreme Court of British Columbia

The court granted a CCAA stay extension, approved a second SISP and stalking horse agreement, and increased interim financing for Myra Falls Mine Ltd.

• Stay extension
• Interim financing (dip)
• Sales and investment solicitation process (sisp)
• Stalking horse agreement
• Reverse vesting order
• Priority of claims

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SVC-Mountainside ULC (Re)

Court

Supreme Court of British Columbia

The court appointed BDO Canada LLP as administrator under s. 39 of the Law and Equity Act and approved a court-supervised sale process for the petitioners' resort-strata business.

• Administratorship
• Stay of proceedings
• Priority charges
• Stalking horse agreement
• Court supervised sale (sisp)
• Receivership

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Jenor Steel Incorporated v. 466372 B.C. Ltd.

Court

Supreme Court of British Columbia

The court reduced a $4.5 million holdback from a Partition of Property Act sale to $2.5 million and ordered $1 million paid to each side.

• Holdback
• Security for charges
• Assignment of debt
• Unjust enrichment
• Release of funds
• Jurisdiction to vary holdback

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In the Matter of 0081092 B.C. Ltd., In Liquidation

Court

Supreme Court of British Columbia

The court refused to require mandatory representations and warranties in the sale process for 0081092 B.C. Ltd.’s lands, allowing an “as is, where is” sale to proceed.

• Sale of assets
• Liquidation
• Sales process approval
• Representations and warranties
• Informational asymmetry
• Insider bidding

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In the Matter of 0081092 B.C. Ltd., In Liquidation

Court

Supreme Court of British Columbia

法院批准清算人的修订出售程序，并作出调整，采双阶段密封投标；拒绝要求 Ted Callahan 接管管理或在出售前先行重整/分割土地。

• Liquidation
• Sales process approval
• Shareholder oppression
• Asset disposition
• Bid procedures
• De‑risking/rezoning

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Pandion Mine Finance Fund LP v. Otso Gold Corp.

Court

Supreme Court of British Columbia

The court referred a receiver’s counsel fee accounts to the Registrar after finding the associate’s effective hourly rate unreasonably high on the record.

• Fee assessment of counsel
• Billing rates
• Passing of accounts
• Registrar assessment
• Reasonableness review
• Receivership

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Plus Products Inc. (Re)

Court

Supreme Court of British Columbia

The court sanctioned Plus Products Inc.’s CCAA plan, approved the related third-party releases, and authorized a USD 150,000 increase in the intercompany charge.

• Plan sanction
• Third‑party releases
• Interim financing / priority charges
• Foreign recognition
• Monitor's role
• Intercompany advances

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