Royal Bank of Canada v. Canwest Aerospace Inc.
Royal Bank of Canada
Law Firm / Organization
Dentons Canada LLP
Lawyer(s)

Jordan Schultz

Canwest Aerospace Inc.
Law Firm / Organization
Unrepresented
CanWest Global Airparts Inc.
Law Firm / Organization
Unrepresented
Thomas George Jackson
Law Firm / Organization
Unrepresented
Deloitte Restructuring Inc.
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Lawyer(s)

Lisa Hiebert

0854271 B.C. Ltd.
Law Firm / Organization
Boughton Law Corporation
2155537 Ontario Inc.
Law Firm / Organization
Boughton Law Corporation
Attorney General of Canada
Law Firm / Organization
Not Specified
Lawyer(s)

J. Ko

R. Leung

  • 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.

Supreme Court of British Columbia
S230764
Corporate & commercial law
Plaintiff