The appellant, a mortgagee, sought to appeal an order approving the sale of properties by a court-appointed receiver to the Town of Ajax.
The appellant argued the receiver failed to obtain fair market value.
The Court of Appeal held that the appellant did not have an appeal as of right under s. 193(c) of the Bankruptcy and Insolvency Act because it failed to establish a loss exceeding $10,000 based on the evidentiary record.
The Court also denied leave to appeal under s. 193(e), finding that the proposed appeal was a collateral attack on previous orders, did not raise an issue of general importance, and was not prima facie meritorious.
The motion judge's application of the Soundair principles was entitled to deference.
