James P. Dube

The appellant, the sole shareholder of a bankrupt hotel, appealed a vesting order and an order approving the sale of the hotel's assets by a court-appointed receiver.

The appellant argued that the receiver failed to disclose the identity of the principals behind the purchaser, which tainted the sale process.

The purchaser brought a motion to quash the appeal, arguing it was moot because the vesting order had already been registered on title under the Land Titles Act.

The Court of Appeal held that once a vesting order is registered on title without a stay, its attributes as a court order are spent and it becomes a conveyance, rendering any appeal from the order moot.

The Court also dismissed the appeal on the merits, finding that the identity of the purchaser's principals was not material to the receiver's sale process.

In the context of Air Canada's CCAA restructuring, the appellant sought leave to appeal an order approving an equity investment agreement with Trinity Time Investments Limited and denying an adjournment to consider a competing proposal.

The Court of Appeal dismissed the motion for leave, finding no error in the supervising judge's decision to approve the agreement, which contained a 'fiduciary out' clause allowing the board to consider superior proposals.

The court held that the test for leave to appeal in CCAA proceedings—requiring serious and arguable grounds of real and significant interest—was not met.

The appellant, Union Gas Limited, appealed an order made in CCAA proceedings regarding its right to set off amounts owed by the respondent, Algoma Steel Inc., against a rebate owed to the respondent.

The motions judge had denied legal set-off and limited equitable set-off to only one of two contracts.

The Court of Appeal upheld the decision on legal set-off but allowed the appeal regarding equitable set-off, finding a close connection between the contracts that made it manifestly unjust to enforce payment of the rebate without taking into account the full cross-claim.

The appellant landlord sued the respondent, a competing landlord, for inducing breach of contract after a tenant abandoned the appellant's building and signed a new lease with the respondent.

The tenant had previously threatened to terminate its lease due to the appellant renting space to an abortion clinic.

The Court of Appeal upheld the summary judgment dismissing the action, finding no genuine issue for trial because the evidence showed the tenant had already decided to terminate its lease before any contact with the respondent.