Terry M. Walman

The defendants/plaintiffs by counterclaim (the "Soods") brought a motion for an interim injunction to prevent Celernus Investment Partners Inc. ("Celernus") from continuing power of sale proceedings on properties secured by a defaulted mortgage.

The Soods alleged breach of contract and breach of the duty of honest contractual performance by Celernus in their counterclaim.

The court applied the three-part RJR-MacDonald test for injunctions.

It found no serious question to be tried regarding Celernus's enforcement rights, determined that any potential loss to the Soods would be quantifiable in damages and thus not irreparable harm, and concluded that the balance of convenience favoured upholding the lender's contractual rights.

The motion for an interim injunction was dismissed, though a 60-day extension was granted to the Soods to arrange alternate financing.

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.