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The Court of Appeal dismissed a motion to review a decision denying an automatic right of appeal and leave to appeal a receiver's sale approval order.
The appellants, Celine and Richard Pizale, sought to appeal orders approving the sale of their partially-renovated property by a receiver and an administration order.
They argued they had an automatic right of appeal under s. 193(c) of the Bankruptcy and Insolvency Act (BIA) or, alternatively, should be granted leave to appeal under s. 193(e).
The Court of Appeal dismissed their panel review motion, affirming the chambers judge's decision that no automatic right of appeal existed as the sale approval order did not result in a loss beyond that already worked by the unappealed appointment order.
The court also found no basis to grant leave to appeal, concluding that the appeal did not raise an issue of general importance or prima facie merit, and would hinder the receivership process.
