Case information
Consult our database for details on a Supreme Court of Canada case.
42288
Bank of Montreal, as administrative agent v. Unity Health Toronto
(Ontario) (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) |
|---|---|---|
| 2026-08-04 | Close file on Leave | |
| 2026-07-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-07-30 | Judgment on leave sent to the parties | |
| 2026-07-30 |
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 Ontario, Number M55800, COA-24-CV-0319, 2026 ONCA 82, dated February 9, 2026, is dismissed with costs. Dismissed, with costs |
|
| 2026-06-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-05-15 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2026-05-26, (Printed version filed on 2026-05-26) | Bank of Montreal, as administrative agent |
| 2026-05-14 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-05-15) | Unity Health Toronto |
| 2026-05-14 | Notice of name, (Letter Form), (Printed version filed on 2026-05-15) | Unity Health Toronto |
| 2026-05-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2026-05-15, (Printed version filed on 2026-05-15) | Unity Health Toronto |
| 2026-04-14 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2026-04-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-04-13) | Bank of Montreal, as administrative agent |
| 2026-04-10 | Notice of name, (Letter Form), (Printed version filed on 2026-04-13) | Bank of Montreal, as administrative agent |
| 2026-04-10 | Application for leave to appeal, (Book Form), Completed on: 2026-04-10, (Printed version filed on 2026-04-13) | Bank of Montreal, as administrative agent |
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 |
|---|---|---|
| Bank of Montreal, as administrative agent | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Unity Health Toronto | Respondent | Active |
Counsel
Party: Bank of Montreal, as administrative agent
Counsel
Danielle Glatt
Andrew Gallant
Harvey Chaiton
Darren Marr
2750 – 145 King Street West
Toronto, Ontario
M5H 1J8
Telephone: (416) 644-5353
FAX: (416) 598-3730
Email: mgottlieb@lolg.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Unity Health Toronto
Counsel
Andrew Kalamut
Mathew Zaia
Suite 5300
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7756
FAX: (416) 868-0673
Email: sbatner@mccarthy.ca
Summary
Keywords
Civil procedure — Stay — Appeal — Stay of action imposed upon issuance of receivership order — Motion to lift stay granted — Party seeking to appeal decision granting motion to lift stay — Correct interpretation of right to appeal under Bankruptcy and Insolvency Act — Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, ss. 193(c), (e)
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.
Unity Health Toronto awarded a contract for a redevelopment project to a company referred to as ProjectCo. ProjectCo obtained financing from lenders who appointed Bank of Montreal as their administrative agent. ProjectCo went into receivership and defaulted. A receivership order stayed proceedings against ProjectCo. Despite the receivership, Unity Health Toronto was allowed to continue the project. In 2020, Bank of Montreal applied for a declaration that a milestone payment was due to the lenders under the agreements involving ProjectCo and for an order assigning ProjectCo’s rights to recover the milestone payment to it. Unity Health Toronto brought a motion seeking orders dismissing Bank of Montreal’s motions and lifting the stay of proceedings under the receivership order so that it could terminate its project agreement with ProjectCo. The motions judge dismissed Bank of Montreal’s motions and granted Unity Health Toronto’s motion for an order lifting the stay of proceedings so that it could terminate its project agreement. Bank of Montreal brought a motion to the Court of Appeal to determine which subsection of s. 193 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, gives it a right to appeal the decision lifting the stay of proceedings. A judge of the Court of Appeal held Bank of Montreal could only seek leave to appeal pursuant to s. 193(e) and denied leave to appeal. A panel of the Court of Appeal dismissed a motion to review the chamber judge’s decision.
Lower court rulings
Application and motion by Bank of Montreal as administrative agent dismissed; Motion by Unity Health Toronto to lift stay of action granted
Motion to review dismissed
Filed documents
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 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 613-996-8666 or at 1-844-365-9662.
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
Not available
Related links
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 613-996-8666 or at 1-844-365-9662.
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
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available