Jasmine K. Landau

The debtor applicants sought court approval for a pre-packaged sale ('quick flip') of their assets to a new company owned by existing management, pursuant to section 36 of the CCAA.

The proposed transaction was supported by the senior secured creditor but opposed by a subordinate secured creditor, BDC Capital Inc., who was excluded from the sales process and given minimal notice.

The Superior Court of Justice dismissed the motion, finding that the debtor failed to meet its burden under sections 36(3) and 36(4) of the CCAA.

The court held that the sales process lacked transparency, failed to make good faith efforts to sell to unrelated parties after the senior debt was purchased at a discount, and did not demonstrate that the proposed consideration was superior to other potential offers.

The applicant, Junhua Wang, sought the appointment of a receiver and manager over real property owned by the respondents, Hong Jing and Lihan Jing, under a matured and unpaid mortgage.

The respondents objected, arguing the mortgage was part of a broader financing arrangement involving third parties and ongoing litigation.

The court found the appointment of a receiver just and convenient, given the default, the risk to the applicant’s security, and the lack of evidence that the applicant was party to the broader arrangements.

The court also addressed evidentiary objections regarding the applicant’s affidavits and settled the process for finalizing the receivership order.

The plaintiff brought a motion for leave to appeal the order of RSJ Ricchetti dated January 17, 2023.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the defendant in the amount of $7,500.

The Plaintiff, Jennifer Black, brought a motion for an interlocutory injunction to compel the Defendants, Mandeville Private Client Inc. and Mandeville Holding Inc., to allow her to continue providing investment management services to the Majestic Access Funds and to prevent interference with her economic relationship with Majestic Asset Management LLC.

The Defendants brought a cross-motion for an injunction to prohibit Black from soliciting Mandeville clients, citing a non-solicitation agreement.

The court dismissed Black's motion, finding she had no contractual right to transfer the funds or become their sub-advisor, and that Majestic was not a party to the litigation.

The court granted Mandeville's cross-motion, determining that Black's communications with clients prior to her resignation constituted solicitation in breach of the enforceable non-solicitation agreement, which was part of a business sale.

The applicant sought judicial review of a decision by the Grey Sauble Conservation Authority granting a permit to the Town of South Bruce Peninsula to build a retaining wall on Sauble Beach.

The applicant also challenged the Town's decision to proceed without obtaining a permit under the Endangered Species Act or conducting an environmental assessment.

The Divisional Court found the Authority's decision to issue the permit was unreasonable because it failed to properly apply the test under O. Reg. 151/06 and failed to consider the 2020 Provincial Policy Statement regarding dynamic beach hazards.

The permit was quashed and remitted to the Authority.

The challenges to the Town's decisions regarding the Endangered Species Act and Environmental Assessment Act were dismissed as premature and lacking the proper respondents.

The plaintiffs sought to schedule an urgent motion for an interlocutory injunction to compel the closure of schools to in-person learning in York Region due to COVID-19, prior to commencing a formal proceeding.

Several unions and school boards sought to intervene.

The court scheduled the injunction motion conditionally, requiring the plaintiffs to formally commence an action or application first.

The court declined to schedule the intervention motions on an urgent basis, finding it would be unfair to the responding parties given the tight timeline.

The applicant sought to quash a permit issued by the conservation authority to the respondent town for work on a beach, which was scheduled before the return of the Piping Plover.

The Divisional Court issued a bottom-line endorsement granting the application in part, quashing the permit, and remitting the matter back to the conservation authority.

The balance of the application was dismissed, with full reasons to follow.

Steve (Uziel) Igel sought leave to intervene as an added party in an action (the "Andrews Action") commenced by Jeffrey Feldberg against David Andrews and his companies.

The Andrews Action's allegations against Andrews are based on alleged misconduct attributed to Igel, which are also central to a separate, ongoing "Igel Action" between Igel and Feldberg.

Igel sought to intervene under Rule 13.01, arguing common questions of law/fact, reputational interest, and potential adverse effects from a judgment, particularly a pending Rule 21 motion to strike the Andrews Action as an abuse of process.

The court found Igel satisfied the threshold requirements for intervention.

The court granted Igel leave to intervene in the Rule 21 motion, finding he could make a useful contribution, but dismissed his request to be added as a full party to the entire Andrews Action as premature, subject to revisiting after the Rule 21 motion.

Feldberg also brought a successful motion to strike certain paragraphs and exhibits from an affidavit based on settlement privilege.

Costs were awarded.