GEC (Richmond) GP Inc. v. Romspen Investment Corporation
GEC (Richmond) GP Inc.
Law Firm / Organization
Harper Grey LLP
Global Education City (Richmond) Limited Partnership
Law Firm / Organization
Harper Grey LLP
0989705 B.C. Ltd.
Law Firm / Organization
Kornfeld LLP
Alderbridge Way GP Ltd.
Law Firm / Organization
Kornfeld LLP
Alderbridge Way Limited Partnership
Law Firm / Organization
Kornfeld LLP
Gatland Development Corporation
Law Firm / Organization
Kornfeld LLP
REV Holdings Ltd.
Law Firm / Organization
Kornfeld LLP
REV Investments Inc.
Law Firm / Organization
Kornfeld LLP
South Street Development Managers Ltd.
Law Firm / Organization
Kornfeld LLP
South Street (Alderbridge) Limited Partnership
Law Firm / Organization
Kornfeld LLP
Samuel David Hanson
Law Firm / Organization
Kornfeld LLP
Brent Taylor Hanson
Law Firm / Organization
Kornfeld LLP
Romspen Investment Corporation

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 of Appeals for British Columbia
CA50095; CA50098
Bankruptcy & insolvency
Appellant