Court Of Appeal Awards Substantial Indemnity Costs Personally Against Court-Appointed Receiver

Overview

On November 10, 2015, the Ontario Court of Appeal awarded substantial indemnity costs against a Court-appointed receiver for conduct it characterized as ‘egregious’ in its carriage of an investigation. The Court rejected the Receiver’s argument that it was insulated from such an order by statute, or the Court order appointing it, because it had departed from its role as a Court-appointed officer and behaved as a ‘real litigator’.  Jonathan Lisus and James Renihan acted for Student Housing Canada which had its assets frozen and lands encumbered by the Receiver. Read the decision here: http://www.ontariocourts.ca/decisions/2015/2015ONCA0771.htm