Plaintiff
Defendant
Other
Facts: Ward Western Holdings Corp. purchased 90% of Westrike Resources Ltd., which owned a gold mine, from the Brosseuk parties for $2 million plus a $4.5 million promissory note. A dispute arose, leading to Ward Western locking Mr. Brosseuk out of the mine operations.
Issue: The main issues were the alleged mismanagement of the mine by Mr. Brosseuk, the enforcement of security by the Brosseuk parties, and the subsequent appointment of D. Manning & Associates Inc. as a receiver. There were also disputes over the approval of the receiver’s fees and the distribution of sale proceeds from mining equipment.
Court’s Ruling: The court dismissed the application for the approval of the receiver’s fees due to insufficient detail provided and concerns over the disclosure of privileged information. It also dismissed the application for distribution of the sale proceeds to the Brosseuk parties due to unresolved disputes over the entitlement to the promissory note proceeds.
Costs/Damages: Specific costs or damages were not awarded in this decision. The court focused on the procedural aspects of the receiver’s fee approval and the distribution of sale proceeds, with costs of the application to be determined in the cause.
Court
Supreme Court of British ColumbiaCase Number
S209762Practice Area
Corporate & commercial lawAmount
Winner
PlaintiffTrial Start Date
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