Dylan Anthony Chochla

Santokh Mahal sought a declaration that his security interest in Golden Miles Food Corporation's personal property was valid and had priority, securing $2,182,914 in advances.

The Applicant, Skymark Finance Corporation, and the Receiver, KSV Restructuring Inc., opposed the motion.

The court granted Mahal a secured claim for $281,600, representing direct personal advances, but dismissed the remaining $1,901,314 claimed for advances made by corporations controlled by Mahal.

The court found that these corporate advances were not indirect debts secured by Mahal's General Security Agreement due to insufficient documentation and lack of PPSA registration by the advancing corporations.

The applicant sought leave to appeal an arbitral award concerning the interpretation of "Appraised Value" in a long-term commercial ground lease.

The dispute centered on whether the appraised value should be based on a mixed-use residential/commercial development or a mixed-use office/commercial shopping centre, considering zoning bylaws and current use.

The arbitrator had ruled in favor of the respondent.

The applicant alleged three extricable errors of law: failure to consider binding legal authority (official plan vs. zoning bylaw), failure to apply principles of contractual interpretation, and error in excluding expert reports.

The court found that the Ground Lease, which stipulated awards were "final and binding," governed the arbitration, not a separate arbitration agreement.

It further determined that the alleged errors were questions of mixed fact and law, not extricable errors of law, and that the expert reports were properly excluded as they did not assist in contractual interpretation.

Consequently, the application for leave to appeal was dismissed.

This is a costs endorsement on appeal from a Superior Court decision dated October 5, 2016.

The Receiver sought costs on a substantial indemnity scale, arguing the issues were complex and significant to insolvency practice and the mining industry, and that the appellant's allegations of improper conduct warranted such an award.

The Court of Appeal agreed the issues were complex and significant but declined to award costs on a substantial indemnity scale given the history of the proceeding.

The Receiver was ultimately successful on the appeal and was awarded costs on a partial indemnity scale.

This appeal concerns whether a court has jurisdiction to extinguish a third party's gross overriding royalty (GOR) interest in land through a vesting order in a receivership proceeding.

The Court of Appeal held that while the court has jurisdiction under section 243 of the Bankruptcy and Insolvency Act to grant vesting orders, the motion judge erred in exercising that jurisdiction to extinguish the appellant's GORs, which constituted interests in land akin to ownership interests rather than fixed monetary claims.

However, the appellant failed to appeal within the prescribed 10-day period under the BIA Rules, and the justice of the case did not warrant an extension of time.

The appeal was dismissed, though the appellant retained the $250,000 payment it had received.

The defendants, KPMG, Canaccord Genuity Corp., and Cassels Brock & Blackwell LLP, brought motions for summary judgment to dismiss actions initiated by 1511419 Ontario Inc. (formerly The Cash Store Financial Services Inc.) on the grounds that the claims were statute-barred by the two-year limitation period.

The actions related to professional services provided concerning a January 2012 loan purchase and note offering.

The court dismissed the motions, finding that there were genuine issues requiring a trial regarding the discoverability of the claims, given the complex factual pattern, allegations of professional negligence, and the limited evidentiary record presented.

The plaintiff, Sirron Systems Inc., appealed a Master's order granting security for costs to the defendants, Scott, Pichelli & Easter Limited, Peter Pichelli, and Joel Easter.

The Master had ordered Sirron Systems Inc. to post $33,252.11.

The appeal challenged the Master's findings regarding the plaintiff's assets, impecuniosity, and the merits of the claim, arguing palpable and overriding errors.

The court dismissed the appeal, finding no palpable and overriding error in the Master's holistic assessment, particularly noting that the plaintiff did not allege impecuniosity before the Master and that the merits of the case were neutral.

This application sought the appointment of a receiver over the surface rights of the Kerr-Addison Mine, which had been inactive for 20 years.

The applicant, Gold Candle Ltd., had acquired the mining rights and aimed to recommence operations.

The respondents opposed, alleging the applicant was frustrating negotiations.

The court, exercising its discretion under s. 101 of the Courts of Justice Act, balanced the parties' rights and considered the significant public interest factors, including health and safety hazards, severe local economic impact, unpaid municipal taxes, and unaddressed creditor claims.

Finding it just and convenient, the court granted the application, appointing A. Farber & Partners Inc. as receiver to conduct a court-supervised sale of the Mine, anticipating remediation, economic revitalization, and debt repayment.