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CIBC sought an interim receiver over Foxtrot’s winery assets. The court held the FDMA applied broadly, the remedy was unnecessary, and the application was denied.
The court granted a bankruptcy order against Curtis Gordon Quigley, finding the Bankruptcy and Insolvency Act requirements were met and awarding solicitor-and-client costs.
The court exercised its discretion under the Civil Procedure Rules to refuse abridgment because the plaintiffs failed to establish an emergency of sufficient gravity, unjustifiably delayed bringing the motion, did not perfect the motion and omitted required undertakings, and abridgment would prejudice respondents and impair their ability to prepare on outstanding substantive and procedural motions; accordingly the motion to abridge time was dismissed and parties were to be heard on an appropriate timetable.
Source excerpt
The court refused leave to sue the interim receiver over an easement dispute and deferred an application to stop water service pending an update on current conditions.
The court granted an interim receiver’s application for a warrant under s. 168 of the Bankruptcy and Insolvency Act after finding the bankrupt had absconded and removed assets from the jurisdiction.
The Court of Appeal confirmed an appeal as of right under the Bankruptcy and Insolvency Act and granted a stay restoring pre-dismissal asset-preservation orders pending appeal.
Blair J. did not improperly exercise his discretion under s.187(5) in rescinding Chadwick J.'s appointment of an interim receiver; the appellate court refused to interfere and dismissed the appeal with costs.
Source excerpt
La Cour suprême statue que l’exemption de l’art. 30 de la Bankruptcy Act ne vise pas une société de personnes agricole.
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