Renée Brosseau

The appellant, a secured creditor, appealed an order approving a receiver's proposed purchase agreement and technology license agreement for the assets of the respondent companies.

The appellant argued that the proposal was identical to one previously rejected by another judge.

The Court of Appeal dismissed the appeal, finding that the new proposal differed significantly and that the motion judge appropriately applied the Soundair principles in approving the transaction, given the changed circumstances and the need to sell the subsidiary as a going concern.

The trustee in bankruptcy appealed the dismissal of its motion to examine the court-appointed interim receiver and to vary a sale approval and vesting order made four years prior.

The Court of Appeal dismissed the appeal, finding that the interim receiver had already provided all necessary information informally, and that the trustee was improperly attempting to use the variation provision to appeal the vesting order out of time.