Alan J. Lenczner Q.C.

The respondent Minister brought a motion to adjourn the hearing of an application brought by the applicant landowner on short notice.

The parties agreed to the adjournment, but the applicant sought terms to prevent the inclusion of its lands in the Greenbelt area pending the hearing.

The court applied the RJR-MacDonald test for interlocutory injunctions and found that while there was a serious issue to be tried, the balance of convenience favoured allowing the planning process to proceed.

The court also noted that section 14 of the Proceedings Against the Crown Act prevents the granting of an injunction against the Crown.

The motion for adjournment was granted without terms.

The appellants sought to claim a federal sales tax refund belonging to a bankrupt company, relying on assignments made prior to and during the bankruptcy.

The trustee in bankruptcy held the refund and argued the assignments were invalid.

The Court of Appeal held that the tax refund was a 'Crown debt' under the Financial Administration Act, which prohibits the assignment of such debts.

The court also found that the general power of a trustee to sell assets under the Bankruptcy and Insolvency Act does not override this specific prohibition.

The appeal was dismissed.