Calvin Peter Horsten

The applicant lender sought appointment of a court-appointed receiver over three parcels of vacant land owned by the guarantor to conduct a sale in satisfaction of a $10 million guarantee.

The respondent guarantor and first mortgagee resisted the receivership.

The court upheld the validity of the applicant's second mortgages despite the absence of the first mortgagee's consent, finding the consent requirement was not a true condition precedent and the authorization and direction was unconditional.

However, the court declined to appoint a receiver, finding it unnecessary given the limited nature of the assets and the absence of any business to operate or preserve.

The guarantor was permitted 90 days to effect a private sale, with the applicant retaining the right to return for further relief.

The Court-Appointed Receiver of Ashcroft Homes – Capital Hall Inc. sought approval of a settlement agreement with Northbridge Financial Corporation concerning an action for approximately $60 million in damages related to a fire that interrupted construction of a 353-unit residential condominium building in Ottawa.

The Receiver also sought a sealing order to protect the confidential terms of the settlement.

The court approved the settlement as reasonable and granted the sealing order, finding that the public interest in maximizing recovery for stakeholders and promoting settlement outweighed the principle of court openness under the three-part test established in Sherman Estate v. Donovan.

The decision addresses motions regarding the appointment of representative counsel for current and former employees and retirees of Hudson’s Bay Company ULC and related entities in ongoing Companies’ Creditors Arrangement Act (CCAA) proceedings.

The Court declined to appoint any of the nominated law firms as representative counsel at this stage, instead appointing the Honourable Herman Wilton-Siegel as an independent third party to evaluate proposals and make a recommendation.

The Court also approved amendments to the Sale and Investment Solicitation Process (SISP) to remove the company’s art and artifact collection from the SISP and to appoint Heffel Gallery Limited to conduct a separate auction for the collection, subject to further court approval of procedures.

The reasons review the legal framework for appointing representative counsel and the importance of balancing stakeholder interests in complex insolvency proceedings.

This endorsement grants a brief adjournment in the Companies’ Creditors Arrangement Act (CCAA) proceedings involving Hudson’s Bay Company ULC and related entities, following ongoing discussions between the applicants and stakeholders.

The court extends the stay of proceedings, increases the Directors’ Charge, amends the relative priorities of charges, and approves the engagement of Reflect Advisors, LLC as financial advisor.

The court finds the requested relief appropriate, unopposed, and supported by the Monitor, and orders the requested amendments to the Initial Order.

The applicants, a group of real estate development entities (Ashcroft Homes Group), sought to extend an initial Companies' Creditors Arrangement Act (CCAA) stay of proceedings to facilitate a restructuring.

Secured creditors, representing 84% of the total secured debt, opposed the extension and instead moved for the appointment of interim receivers.

The court found the applicants' restructuring plan lacked substance, noted a significant loss of confidence in management due to past conduct and outdated property valuations, and determined that the collaborative receivership approach proposed by the majority of secured creditors was more appropriate.

The motion to extend the CCAA stay was dismissed, and the motions for the appointment of receivers were granted.