Appellant
Respondent
Background:
The case, GEC (Richmond) GP Inc. and Global Education City (Richmond) Limited Partnership v. Romspen Investment Corporation involved disputes related to a large commercial and residential development project in Richmond, British Columbia. The project faced insolvency when Romspen Investment Corporation, a lender, ceased financing. The proceedings fell under the Companies' Creditors Arrangement Act (CCAA), leading to several related civil actions being consolidated for trial.
Legal Issues:
Key issues included whether leave to appeal was required for the decisions arising from the CCAA-supervised proceedings. GEC (Richmond) GP Inc. and the other appellants argued that they had a right to appeal, claiming the related actions were independent of the CCAA. Romspen contended that, under section 13 of the CCAA, leave was necessary because the claims were adjudicated “within the context” of the CCAA proceedings.
Court's Decision:
The court, presided by Madam Justice DeWitt-Van Oosten, ruled that leave to appeal was not required. The judge concluded that the previous orders did not substantively invoke CCAA provisions but rather applied common law principles. The court emphasized that the October 2023 order preserved the appellants' rights to appeal without needing leave.
Costs and Awards:
The document does not specify a final monetary award or costs in favor of Romspen or the appellants for the appeal decision. However, prior decisions included findings of liability against GEC and Alderbridge parties, holding them responsible for loan repayment.
Court
Court of Appeals for British ColumbiaCase Number
CA50095; CA50098Practice Area
Bankruptcy & insolvencyAmount
Winner
AppellantTrial Start Date
Download documents