Canada Case Law

MacKay Communications - Canada Inc. v. Coastal Craft Yachts Ltd.

Court

Supreme Court of British Columbia

The court exercised its discretion to allow the plaintiff to further amend the amended notice of civil claim and to add BIM, Topbas and Promotors as defendants because there is a triable issue as to beneficial ownership and agency, no compelling evidence of prejudice or abuse of process was shown, and BIM did not present sufficient evidence to set aside the warrant or caveat; a change in legal ownership alone is insufficient to defeat an in rem claim at this early stage.

Source excerpt

• Amendment of pleadings
• Jurisdiction in rem
• Beneficial ownership
• Warrant of arrest
• Admiralty caveat
• Agency and vicarious liability

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Cameron Stephens Mortgage Capital Ltd. v. Conacher Kingston Holdings Inc.

Court

Court of Appeal for Ontario

The Ontario Court of Appeal fixed appeal costs at $15,000 each to the receiver, 100 Ontario Inc., and Issam A. Saad after reviewing post-decision submissions.

• Costs
• Apportionment of costs
• Receiver
• Appeal
• Appeal-costs
• Costs-apportionment

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Ontario Securities Commission v. Cacoeli Asset Management Inc.

Court

Court of Appeal for Ontario

The Court of Appeal held that the proper evidentiary standard for appointment of a receiver under s.129 is that there be a 'serious concern' of possible breaches of the Securities Act, not a strong prima facie case, and that the OSC met that standard on the record; accordingly the Superior Court's receivership order was upheld and the appeal dismissed.

Source excerpt

• Appointment of receiver
• Evidentiary standard for interlocutory relief
• Freeze orders
• Regulatory investigations
• Misapplication/diversion of investor funds

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Canadian Western Bank v. Quarry Rock Developments (McAllister) Inc.

Court

Supreme Court of British Columbia

The court refused a short adjournment in a receivership sale hearing, finding the Frontier letter of interest too speculative to justify delay and approving the sale to NorthStar.

• Receiver's sale approval
• Adjournment application
• Sealed bid process (pd-62)
• Builders' liens
• Vendor take back mortgage (vtb)
• Market exposure and appraisal

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Goshen - Order pausing the application under section 103.1 until after a hearing in the Saskatchewan Court of King’s Bench

Court

Competition Tribunal

Because a scheduled Saskatchewan Court of King’s Bench hearing concerning a receivership over Goshen may determine whether Goshen has authority or standing to commence the Competition Tribunal proceeding, the Tribunal paused the s.103.1 leave process, adjourned case management until after the November 22, 2024 hearing, extended delivery timelines and directed the parties to report the outcome within three days of that hearing.

Source excerpt

• Section 103.1 leave
• Adjournment/stay
• Standing/authority to commence proceedings
• Case management and procedural timelines

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Lonsdale Quay Market Corporation v. Klondike Contracting Corporation

Court

Supreme Court of British Columbia

The court held Lonsdale had to pay $944,111.15 into court under the Builders Lien Act to discharge lien claims, because post-notice payments did not reduce the amount owing.

• Builders lien act s.23
• Builders lien act s.34
• Statutory holdback
• Payment after notice of lien
• Discharge of liens
• Receivership

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Bank of Montreal v. Haro-Thurlow Street Project Limited Partnership

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia approved a receiver’s sale of downtown Vancouver property by reverse vesting order, granted related releases, declarations and a sealing order.

• Sale approval by receiver
• Reverse vesting order (rvo)
• Property transfer tax avoidance
• Declaratory relief re beneficial ownership
• Sealing of confidential materials
• Court-approved releases

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MCAP Financial Corporation v. QRD (Willoughby) Holdings Inc.

Court

Supreme Court of British Columbia

The court approved a receiver’s amended sale to Redekop, finding the marketing process fair, the offer commercially reasonable, and delay unlikely to improve bids.

• Sale approval by court-appointed receiver
• Commercial reasonableness of sale
• Marketing obligations of receiver
• Approval of increased borrowings
• Urgent relief due to property contamination
• Receivership-sale-approval

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Smithe Residences Ltd. v. Boffo Investment Corp.

Court

Supreme Court of British Columbia

Cross applications over document production in a profit-sharing dispute: the court dismissed Boffo’s request for more disclosure and granted Smithe’s enforcement motion.

• Document production
• Discovery
• Profit calculation
• Consulting agreement
• Repudiation
• Unjust enrichment

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Castillo v. Xela Enterprises Ltd.

Court

Court of Appeal for Ontario

Ontario had jurisdiction under the real and substantial link test because the Appointment Order concerned an Ontario company and was obtained to enforce an Ontario judgment; the Appointment Order clearly and exclusively authorized the Receiver to exercise Xela’s shareholder rights and to act on Xela’s behalf, and the appellant intentionally breached that Order by signing a declaration and enabling a Panamanian criminal complaint against the Receiver’s agents without leave or consent, thereby committing civil contempt; given the egregious, deliberate conduct, absence of remorse or effective pu…

Source excerpt

• Receivership
• Civil contempt
• Jurisdiction (extraterritorial enforcement)
• Sentencing for contempt
• Costs (full indemnity)
• Anti-suit injunction (distinguished)

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