Patricia M. Conway

The appellants appealed an order annulling their assignments into bankruptcy under s. 181 of the Bankruptcy and Insolvency Act.

The motion judge had found that the assignments were filed without obtaining leave as required by a prior receivership order.

The Court of Appeal upheld the decision, finding that an assignment in bankruptcy constitutes a 'proceeding' under the prior order and that the leave requirement did not offend the doctrine of federal paramountcy.

The appeal was dismissed.

The appellants appealed the quantum of costs awarded to the respondents by the application judge.

The Court of Appeal found that the application judge erred in principle by failing to analyze the application of costs principles to the facts.

The costs awarded to one respondent effectively amounted to substantial indemnity costs, while the costs awarded to the other were disproportionate to its participation.

The appeal was allowed, and the costs awards were reduced.

The appellants appealed the appointment of an administrator for a condominium corporation and the award of substantial indemnity costs against them.

The Court of Appeal upheld the appointment of the administrator, finding no palpable and overriding error in the motion judge's conclusion that a state of disequilibrium existed due to tension between two groups with divergent interests regarding the transient use of units.

However, the Court granted leave to appeal costs and substituted an award of partial indemnity costs, finding no basis for substantial indemnity costs.