Background:
Edward Callahan, a minority shareholder, appealed an order authorizing Ernst & Young Inc., as liquidator of 0081092 B.C. Ltd., to establish a sales process for an 18.5-acre property in Kelowna. The liquidation resulted from ongoing shareholder disputes between Edward Callahan and his three brothers—Douglas Callahan, Bruce Callahan, and Robert Callahan.

Legal Issues and Arguments:
Edward Callahan argued that the court lacked jurisdiction to advance a privately appointed liquidator’s mandate under the British Columbia Business Corporations Act (BCA). He also claimed the liquidation process was unfair and failed to optimize asset value. The liquidator and other respondents contended that Section 325(3) of the BCA empowered the court to approve liquidation matters and that the sale process was fair, transparent, and commercially reasonable.

Court’s Decision:
The British Columbia Court of Appeal dismissed the appeal, ruling that the chambers judge had jurisdiction to issue the order. The court found no error in the judge’s discretionary decisions regarding the sales process, which balanced efficiency and fairness.

Costs Awarded:
The court denied an application for increased costs but awarded ordinary costs under Scale A to Ernst & Young Inc., Douglas Callahan, Bruce Callahan, Robert Callahan, and the Callahan AE #3 Trust. No specific dollar amount was provided.