Canada Case Law

Mercy Falls BC Inc. (Re)

Court

Supreme Court of British Columbia

The court found the petitioner acted in good faith and with due diligence, has more than a "kernel of a plan" (including default judgment against Studio, steps to enforce it in the U.S., resolved tax issues, repayment of senior lender, Monitor support, and adequate cashflow projections), and that extending the stay to November 30, 2026 is necessary and appropriate to permit enforcement and realizations for the benefit of creditors; extension granted.

Source excerpt

• Stay extension
• Companies' creditors arrangement act
• Default judgment enforcement
• Receiver appointment
• Tax refund realization
• Enforcement in united states

Read case analysis

Pasquill v. British Columbia Securities Commission

Court

British Columbia Court of Appeal

Payments made from the appellant's LIF accounts are neither "money transferred under Division 7" nor "benefits" as defined in the PBSA; therefore s.70(1) does not exempt those payments from attachment and the chambers judge correctly ordered forfeiture; the chambers judge also correctly declined to appoint a receiver because the forfeiture order was sufficient to secure payments and the receiver powers sought exceeded the authority to attach payments.

Source excerpt

• Forfeiture
• Attachment and exemption
• Receiver appointment
• Statutory interpretation
• Life income fund (lif)

Read case analysis

V K Delivery & Moving Services Ltd. (Re)

Court

Supreme Court of British Columbia

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.

• Stay extension
• Administrative charge
• Critical supplier
• Deemed trust (source deductions)
• Receiver appointment
• Monitor appointment

Read case analysis

Kruger v. PortLiving Properties Inc.

Court

Supreme Court of British Columbia

The court held the defendants owed $1 million under a SPA put right and guarantee, rejecting their argument that implied best-efforts terms excused payment.

• Implied terms
• Put right/put option
• Guarantee payable on demand
• Forbearance agreement
• Receiver appointment
• Entire agreement clause

Read case analysis

The Toronto-Dominion Bank v. 0751380 B.C. Ltd.

Court

Supreme Court of British Columbia

The court granted TD Bank foreclosure and receivership relief, approved a one-day redemption period, allowed the proceeding to continue in Prince George, and awarded costs against Robert Sindia.

• Foreclosure
• Receiver appointment
• Mortgage redemption period
• Standing to oppose foreclosure
• Jurisdictional filing under law and equity act
• Receivership

Read case analysis

BDO Canada Limited v. Gottardo

Court

Court of Appeal for Ontario

The appeal by 2346193 Ontario Ltd. is stayed by the Bankruptcy and Insolvency Act, and the court was not persuaded it could or should make an order for costs, so no costs order was made.

Source excerpt

• Stay of proceeding
• Costs
• Appeal
• Receiver appointment
• Bankruptcy stay

Read case analysis

Hannem v. Stilet

Court

Supreme Court of Nova Scotia

Plaintiff entitled to summary judgment because material facts regarding payment, validity of debt and guarantees are undisputed; plaintiff was subrogated to GE Capital's rights on both contractual and equitable grounds and defendants' asserted set-off defences do not have evidentiary support amounting to a real chance of success; judgment limited to the core GE Capital debt paid by plaintiff and enforcement is stayed pending resolution of defendants' set-off claims.

Source excerpt

• Subrogation
• Guarantee
• Set-off
• Receiver appointment
• Summary judgment

Read case analysis

Global Chinese Press Inc. v. Zhang

Court

Supreme Court of British Columbia

The court sustained a Mareva injunction, kept the receivership in place, sealed one affidavit, and made limited adjustments for George Liu and defence funding.

• Mareva injunction
• Anton piller order
• Set-aside application
• Receiver appointment
• Sealing of affidavit
• Funding frozen assets for legal fees

Read case analysis

Enterprise Cape Breton Corporation v. Crown Jewel Resort Ranch, Inc.

Court

Supreme Court of Nova Scotia

Given the respondents' default, the validity of the security permitting appointment, the accumulated arrears, the imminent tax sale risk, the apprehension of waste (notably timber harvesting) and the absence of a realistic prospect of repayment or refinancing, it was just and convenient to appoint a court receiver/manager to preserve assets and maximize return to creditors.

Source excerpt

• Receiver appointment
• Security enforcement
• Mortgage validity
• Default
• Asset preservation
• Tax sale risk

Read case analysis

Yoho Investments Ltd. v. Glacier Park Lodge Ltd.

Court

Supreme Court of British Columbia

The court held there was a bona fide triable issue about lease renewal and set the entire matter down for trial, staying the respondents’ competing application.

• Lease renewal
• Forfeiture
• Proprietary estoppel
• Unjust enrichment
• Receiver appointment
• Title charges

Read case analysis