Plaintiff
Defendant
Other
Facts: The case involved Canwest Aerospace Inc. and Can West Global Airparts Inc., collectively "Canwest", under receivership. The Royal Bank of Canada (RBC) as the main creditor supported a reverse vesting order (RVO) to sell Canwest's business to a purchaser for US$670,000. RBC was owed more than $4 million, while Canada, opposing the RVO, held statutory deemed trust claims and unsecured claims totaling approximately $177,000.
Issue: The primary legal issue was whether the court had the authority to grant an RVO in a receivership proceeding and whether such an order was justified in this specific case, given the opposition from Canada.
Court's Ruling: The court, under Justice Gomery, authorized the RVO, concluding it was necessary to achieve a sale that was fair and beneficial under the circumstances. The court found that the RVO was justified by compelling and exceptional circumstances, allowing the sale to proceed in a manner that preserved critical business assets and minimized losses for secured creditors.
Costs/Damages Awarded: The decision did not specifically mention the awarding of costs or damages to any party. The focus was on approving the transaction to maximize the return for creditors, particularly the secured creditor (RBC), within the confines of the receivership process.
Court
Supreme Court of British ColumbiaCase Number
S230764Practice Area
Corporate & commercial lawAmount
Winner
PlaintiffTrial Start Date
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