Creative Wealth Media Lending LP 2016 v. Access Road Capital, LLC
Creative Wealth Media Lending LP 2016
Access Road Capital, LLC
Law Firm / Organization
Blake, Cassels & Graydon LLP
Bron Media Corp.
Law Firm / Organization
Stikeman Elliott LLP
Lawyer(s)

Madison Vonk

Comerica Bank
Law Firm / Organization
Unrepresented

Background: Creative Wealth Media Lending LP 2016 (CW) was a secured creditor of Bron Media Corp. (Bron). Access Road Capital, LLC (Access) loaned $20 million USD to Bron's subsidiaries, which defaulted. Bron guaranteed the loan but failed to repay it, leading Access to seek a receivership order.

Legal Issues:

  • Receivership Order: Access requested an equitable receiver over Bron's assets, which was initially granted by the Supreme Court of British Columbia.
  • Appeal and Stay: CW appealed the receivership order and sought a stay of its execution, arguing the appointment was premature and harmful to secured creditors.

Arguments:

  • CW's Position: CW claimed the judge failed to consider the necessary prerequisites for appointing a receiver, such as impediments to legal collection and special circumstances.
  • Access's Position: Access argued that Bron's history of defaults justified the receivership and that it was a just and convenient remedy.

Court's Decision: The Court of Appeal granted CW's application for leave to appeal and stayed the receivership order, finding that the proposed appeal had merit and that the stay was in the interests of justice.

Financial Details:

  • Amounts Owed: Bron owed Access $10.9 million USD plus interest and CW and Comerica Bank a combined $39.4 million USD.
  • Costs and Awards: The document did not specify the total costs or awards in favor of any party at this stage of the proceedings.

Conclusion: The appeal was expedited to minimize harm to the parties, and the receivership order was stayed pending the outcome.

Court of Appeals for British Columbia
CA48984
Bankruptcy & insolvency
Appellant