Peakhill Capital Inc. v. Southview Gardens Limited Partnership
Southview Gardens Limited Partnership
Law Firm / Organization
Unrepresented
Southview Gardens BT Ltd.
Law Firm / Organization
Unrepresented
Southview Gardens Properties Ltd.
Law Firm / Organization
Unrepresented
Zhen Yu Zhong
Law Firm / Organization
Unrepresented
Junchao Mo
Law Firm / Organization
Unrepresented
Coromandel Properties (2016) Ltd.
Law Firm / Organization
Unrepresented
Baystone Properties (2016) Ltd.
Law Firm / Organization
Unrepresented
Coromandel Holdings Ltd.
Law Firm / Organization
Unrepresented
Peakhill Capital Inc.
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
Lawyer(s)

Elie Laskin

KSV Restructuring Inc.
Law Firm / Organization
Cassels Brock & Blackwell LLP
Lawyer(s)

Vicki Tickle

Cenyard Pacific Developments Inc.
Law Firm / Organization
Dentons Canada LLP
His Majesty the King in right of the Province of British Columbia
Law Firm / Organization
Dennis James Aitken LLP
Lawyer(s)

Owen James

Ray Power

Cenyard Southview Gardens Ltd.
Law Firm / Organization
Lawson Lundell LLP
Lawyer(s)

Alexis E. Teasdale

  • Facts: Peakhill Capital Inc. sought approval for a sale transaction of real property in a receivership proceeding, proposing a Reverse Vesting Order (RVO) instead of a standard Approval and Vesting Order (AVO) to avoid paying approximately $3.5 million in property transfer tax (PTT).

  • Issue: The court needed to decide whether the transaction could proceed via an RVO, which would circumvent the substantial PTT under the Property Transfer Tax Act, and whether this approach was within the court's jurisdiction and appropriate under the circumstances.

  • Court's Ruling: The Supreme Court of British Columbia ruled that it had jurisdiction to grant an RVO under insolvency proceedings and determined it was appropriate to do so in this case. The court emphasized the objective of insolvency law to maximize recovery for creditors and noted that the RVO structure would save the creditors approximately $3.5 million in PTT.

  • Costs/Damages Awarded: The case summary does not specify the amount of costs or damages awarded to the successful party. The emphasis was on the approval of the RVO to save the creditors $3.5 million in PTT, rather than on costs or damages awarded by the court.

Supreme Court of British Columbia
S-231065
Corporate & commercial law
Other