Case information
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41483
His Majesty the King in Right of the Province of British Columbia v. Peakhill Capital Inc., et al.
(British Columbia) (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) |
|---|---|---|
| 2025-05-02 | Notice of change of solicitor | Peakhill Capital Inc. |
| 2025-05-02 | Close file on Leave | |
| 2025-05-01 | Judgment on leave sent to the parties | |
| 2025-05-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-01 |
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 for British Columbia (Vancouver), Number CA49320, 2024 BCCA 246, dated July 2, 2024, is dismissed with costs to the respondents Cenyard Pacific Developments Inc. and Cenyard Southview Gardens Ltd. Dismissed, with costs |
|
| 2025-03-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-11-14 |
Applicant's reply to respondent's argument, (Book Form), Missing: - Proof of service (Rec'd 02-10-2025), Completed on: 2025-02-11, (Printed version filed on 2024-11-14) |
His Majesty the King in Right of the Province of British Columbia |
| 2024-11-06 | Lower court order - e-filing, BCCA CA49320 Orders | His Majesty the King in Right of the Province of British Columbia |
| 2024-11-05 | Certificate (on limitations to public access), 23B | Cenyard Pacific Developments Inc. |
| 2024-11-04 | Book of authorities, (Book Form), Completed on: 2024-11-04, (Printed version filed on 2024-12-06) | Cenyard Southview Gardens Ltd. |
| 2024-11-04 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-12-06) | Cenyard Southview Gardens Ltd. |
| 2024-11-04 | Notice of name, (Printed version filed on 2024-12-06) | Cenyard Southview Gardens Ltd. |
| 2024-11-04 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-12-04, (Printed version filed on 2024-12-06) | Cenyard Southview Gardens Ltd. |
| 2024-11-04 |
Certificate (on limitations to public access), 23A (Amended version received 11-05-2024) |
Cenyard Pacific Developments Inc. |
| 2024-11-04 | Notice of name, (Printed version filed on 2024-11-04) | Cenyard Pacific Developments Inc. |
| 2024-11-04 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - Proof of service , Completed on: 2024-11-04, (Printed version filed on 2024-11-04) |
Cenyard Pacific Developments Inc. |
| 2024-10-08 | Correspondence received from, CA Order form | His Majesty the King in Right of the Province of British Columbia |
| 2024-10-03 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2024-10-02 | Certificate (on limitations to public access), 23B, (Printed version filed on 2024-10-02) | His Majesty the King in Right of the Province of British Columbia |
| 2024-10-02 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-10-02) | His Majesty the King in Right of the Province of British Columbia |
| 2024-10-01 | Book of authorities, (Book Form), Completed on: 2024-10-04, (Printed version filed on 2024-10-02) | His Majesty the King in Right of the Province of British Columbia |
| 2024-10-01 |
Application for leave to appeal, (Book Form), Missing: - Final CA Orders (Rec'd 11-06-2024) - Proof of service (Rec'd 10-04-2024), Completed on: 2024-11-07, (Printed version filed on 2024-10-02) |
His Majesty the King in Right of the Province of British Columbia |
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 |
|---|---|---|
| His Majesty the King in Right of the Province of British Columbia | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Peakhill Capital Inc. | Respondent | Active |
| Cenyard Pacific Developments Inc. | Respondent | Active |
| Cenyard Southview Gardens Ltd. | Respondent | Active |
| KSV Restructuring Inc. | Respondent | Active |
Counsel
Party: His Majesty the King in Right of the Province of British Columbia
Counsel
Andrea Glen
Legal Services Branch
1001 Douglas Street
Victoria, British Columbia
V8W 2C5
Telephone: (250) 356-8589
FAX: (250) 387-0700
Email: aaron.welch@gov.bc.ca
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Party: Peakhill Capital Inc.
Counsel
Christian Garton
1055 Dunsmuir Street
Suite 3000, Bentall Four
Vancouver, British Columbia
V7X 1K8
Telephone: (604) 692-2752
Email: mbuttery@osler.com
Party: Cenyard Pacific Developments Inc.
Counsel
Emma Newbery
250 Howe Street
20th Floor
Vancouver, British Columbia
V6C 3R8
Telephone: (604) 687-4460
Email: Jordan.schultz@dentons.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Party: Cenyard Southview Gardens Ltd.
Counsel
Alexis E. Teasdale
Sara B. Hanningan
Baylee Hunt
Suite 1600 Cathedral Place 925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
Email: wroberts@lawsonlundell.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: KSV Restructuring Inc.
Counsel
Forrest Finn
2200 - 885 West Georgia Street
Vancouver, British Columbia
V6C 3E8
Telephone: (604) 691-6100
FAX: (604) 691-6120
Email: vtickle@cassels.com
Summary
Keywords
Bankruptcy and insolvency — Procedure — Receivership — Reverse vesting order granted by lower courts — Whether Court of Appeal erred in concluding Bankruptcy and Insolvency Act, R.S.C. 1985, c. C-36, provides a court with jurisdiction to grant reverse vesting order in a receivership.
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 applicant, the Province, appealed from an order pronounced in a receivership under the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, approving what is referred to as a reverse vesting order.
The appeal to the Court of Appeal was dismissed.
Lower court rulings
Reverse vesting order granted.
Appeal dismissed.
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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