Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
39925
Kenzie Financial Investments Ltd., et al. v. Alvarez & Marsal Canada Inc., in its capacity as the Receiver and Trustee in Bankruptcy of Arres Capital Inc.
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-04-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-04-07 | Judgment on leave sent to the parties | |
| 2022-04-07 | Close file on Leave | |
| 2022-04-07 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2101-0117AC, 2021 ABCA 325, dated October 1, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2022-02-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-01-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-21, (Printed version filed on 2022-01-25) | Alvarez & Marsal Canada Inc., in its capacity as the Receiver and Trustee in Bankruptcy of Arres Capital Inc. |
| 2022-01-25 | Certificate (on limitations to public access), (Printed version filed on 2022-01-25) | Alvarez & Marsal Canada Inc., in its capacity as the Receiver and Trustee in Bankruptcy of Arres Capital Inc. |
| 2022-01-25 | Notice of name, (Printed version filed on 2022-01-25) | Alvarez & Marsal Canada Inc., in its capacity as the Receiver and Trustee in Bankruptcy of Arres Capital Inc. |
| 2021-12-14 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-12-14 | |
| 2021-11-30 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2021-12-14) | Kenzie Financial Investments Ltd. |
| 2021-11-30 | Notice of name, (Letter Form), (Electronic version filed on 2021-12-14) | Kenzie Financial Investments Ltd. |
| 2021-11-29 | Application for leave to appeal, (Book Form), Require: Signed TC & CA Reasons (rec'd 2021-12-14), Completed on: 2022-02-21, (Printed version filed on 2021-11-30) | Kenzie Financial Investments Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Kenzie Financial Investments Ltd. | Applicant | Active |
| Brian Sekiya, Holly Sekiya, Sandra Sommer, Marion Sommer, Allan Sommer, Steven Reilly, Swarts Bros Limited and Clara Mae Woroschuk | Applicant | Active |
| Shelly Beck, Therese F. Daley, Linda Jaeger, Andrew Little, Laurie Little, Agnes M. Oberg, Steven Ogg, Lester S. Ikuta Professional Corporation, Lester Ikuta, Mickey Ikuta | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alvarez & Marsal Canada Inc., in its capacity as the Receiver and Trustee in Bankruptcy of Arres Capital Inc. | Respondent | Active |
Counsel
Party: Kenzie Financial Investments Ltd.
Counsel
2635 - 37th Ave.
Suite 204
Calgary, Alberta
T1Y 5Z6
Telephone: (403) 219-4213
FAX: (403) 291-4099
Email: lhalyn@sugimotolaw.com
Party: Brian Sekiya, Holly Sekiya, Sandra Sommer, Marion Sommer, Allan Sommer, Steven Reilly, Swarts Bros Limited and Clara Mae Woroschuk
Counsel
2635 - 37th Ave.
Suite 204
Calgary, Alberta
T1Y 5Z6
Telephone: (403) 219-4213
FAX: (403) 291-4099
Email: lhalyn@sugimotolaw.com
Party: Shelly Beck, Therese F. Daley, Linda Jaeger, Andrew Little, Laurie Little, Agnes M. Oberg, Steven Ogg, Lester S. Ikuta Professional Corporation, Lester Ikuta, Mickey Ikuta
Counsel
2635 - 37th Ave.
Suite 204
Calgary, Alberta
T1Y 5Z6
Telephone: (403) 219-4213
FAX: (403) 291-4099
Email: lhalyn@sugimotolaw.com
Party: Alvarez & Marsal Canada Inc., in its capacity as the Receiver and Trustee in Bankruptcy of Arres Capital Inc.
Counsel
Colleen Bonnyman
421 7th Ave SW, suite 4000
Calgary, Alberta
T2P 4K9
Telephone: (403) 260-3710
FAX: (403) 260-3501
Email: wmacleod@mccarthy.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Bankruptcy and Insolvency — Summary judgment funds held in court — Judgment creditor —Priorities — Mootness — Whether the statement that a judgment creditor may trump a trustee’s priority to funds paid into court if the funds are sufficiently earmarked and the creditor has done all that it could to access the funds is good law in Canada.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicants obtained summary judgment against the debtor in the amount of $223,768 plus interest, which was paid into court in 2014 (the Court Funds). Even after the debtor’s unsuccessful appeal, the Court Funds stayed in court due to disputes by a third party creditor and other proceedings against the debtor. The debtor was placed into receivership in July, 2017. While the applicants sought the release of the Court Funds, various court orders were granted creating priority charges for the fees and disbursements of the receiver. The applicants believed that the Court Funds could no longer be claimed by the debtor, and that they had been segregated and earmarked for distribution to them, pending resolution of competing claims and deductions for the charges and expenses relating to those disputes. In fact, the receiver put the Court Funds towards the general administration of the bankrupt estate. The respondent receiver applied to the Alberta Court of Queen’s Bench for a distribution order of the remaining funds. After payment of the receiver’s fees and disbursements and those of its counsel, there would no funds left for distribution to the applicants. The Alberta Court of Queen’s Bench approved the receiver’s fees and disbursements and directed the distribution of funds. The court dismissed the applicants’ claim to the Court Funds. The Alberta Court of Appeal dismissed the appeal as moot.
Lower court rulings
Court of Queen’s Bench of Alberta
1401 12431, 2021 ABQB 307
Respondent’s applications for distribution orders allowed, applicants’ application for payment dismissed.
Court of Appeal of Alberta (Calgary)
2021 ABCA 325, 2101-0117AC
Respondent’s application to dismiss the appeal allowed and applicants’ appeal dismissed as moot.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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