Background:
Goshen Professional Care Inc. operated an 80-unit personal care home in Emerald Park, Saskatchewan, financed in part by a $13,312,000 loan from Canadian Western Bank (CWB). After the Saskatchewan Health Authority (SHA) terminated a pilot project with Goshen, the care home’s occupancy plummeted, leading to financial distress. CWB applied for a receivership order, and MNP Ltd. was appointed as the receiver to manage and sell Goshen’s assets.

Key Legal Issues & Arguments:

• Receivership & Sale Approval: MNP sought court approval to sell Goshen’s assets to SHA. Goshen opposed, alleging conflicts of interest and unfair sale practices.

• Conflict of Interest: Goshen argued that MNP was biased due to its business dealings with the Government of Saskatchewan. The court found no evidence of conflict.

• Competition Law Claims: Goshen alleged SHA’s purchase violated the Competition Act. The court ruled these claims were irrelevant to the sale approval.

• Cross-Examination Request: Goshen sought to cross-examine MNP and SHA representatives. The court denied the request, citing a lack of exceptional circumstances.

Outcome & Awarded Amount:
The court approved the sale of Goshen’s assets, awarding $12,951,346 to CWB to fully repay its loan. Additional amounts included $150,000 to MNP Ltd., $8,828.59 for unpaid property taxes, and $416,120.68 held for a lien dispute. Costs were left open for submissions within seven days.