Pathik Bipinchandra Baxi

The parties, equal shareholders in a successful machining business, reached a deadlock that paralyzed the companies' operations for eight months.

Bank accounts were frozen, creditors were unpaid, and the business ceased functioning.

The respondent brought a motion to appoint a receiver-manager.

The applicant agreed a receiver was necessary but sought a delay to negotiate a buyout.

The court found that further delay would be futile and disastrous for the companies, and ordered the immediate appointment of a receiver-manager under s. 101 of the Courts of Justice Act and s. 248 of the Business Corporations Act.

The mother appealed an order under the Hague Convention requiring the return of her daughter to the United Kingdom.

The application judge found that the child's habitual residence was the U.K., as the parents had not given up their residence there when they travelled to Canada.

The Court of Appeal found no palpable and overriding error in the application judge's factual findings regarding habitual residence or his decision not to require oral testimony.

The appeal was dismissed.