The Attorney General of Ontario (AGO) objected to fee requests from Emmanuel Village Residence Inc. (EVR) and its counsel, and BDO Canada Inc. (the Receiver) and its counsel, for work performed in a receivership and forfeiture proceeding.
The AGO argued that an administration charge should cap fees, that section 5 of the Civil Remedies Act, 2001 (CRA) applied requiring proof of no other funding source, and that hourly rates were too high.
The court dismissed the AGO's objections, finding that the administration charge was not a cap, section 5 of the CRA did not apply, and the hourly rates were reasonable and previously approved.
The court approved the fees and disbursements, emphasizing the complexity caused by the joinder of receivership and forfeiture proceedings.