Christopher William Besant

This decision addresses whether Cushman & Wakefield ULC (C&W), as real estate broker, is entitled to a commission in respect of Stelco’s purchase of the Stakeholders’ limited partnership units and other equity in the Legacy Lands LP, under the Companies’ Creditors Arrangement Act proceedings.

The court finds that C&W is not entitled to a commission, as the relevant brokerage agreements had expired or were never executed for the properties in question, and the transaction at issue was not contemplated by the commission provisions.

The court also dismisses C&W’s alternative claim for unjust enrichment.

The applicant, Castle Building Centres Group Ltd., sought bankruptcy orders against Steven D. Parkes and Jeff A. Parkes based on a $2.2 million judgment debt.

The respondents opposed, arguing no debt was owing due to waiver, guarantees being inapplicable to a subsidiary's debt, and valid counterclaims for rebates.

They also claimed the application was for an improper purpose and that Jeff Parkes was medically infirm.

The court found the judgment debt valid and binding, rejecting the respondents' attempts to re-litigate issues already decided by summary judgment, upheld on appeal, and denied leave to appeal by the Supreme Court of Canada.

The court also dismissed arguments of improper purpose and medical infirmity, concluding that the requirements for a bankruptcy order were met and there was no basis to exercise discretion to dismiss the application.

The appellants, The Rehill Company Limited and its owners, appealed a summary judgment that enforced their personal guarantees for corporate debt owed to Castle Building Centres Group Ltd. and dismissed their counterclaim.

The Court of Appeal dismissed the appellants' motion to introduce fresh evidence, finding a lack of due diligence and that the evidence would not have affected the outcome.

The court upheld the motion judge's findings that the debt was owed to the respondent, the rebate claim was not a genuine issue for trial, there was no breach of a subordination agreement, and the personal guarantees were continuing and enforceable.

The appeal was dismissed, and costs were awarded to the respondent.

The applicants sought approval under the Companies’ Creditors Arrangement Act for a sale of substantially all of their assets following a court‑approved sales and investor solicitation process.

The court considered the statutory factors in s. 36 of the CCAA, including the fairness and reasonableness of the process, the role of the monitor, consultation with creditors, and the adequacy of the consideration.

A late competing bid was rejected to preserve the integrity of the court‑approved sales process.

The court also addressed priority issues involving a DIP lender, secured creditors, and potential claims to HST refunds under the Financial Administration Act.

The proposed transaction and distribution scheme were approved as fair and reasonable in the circumstances.