This Decision addressed an Application by PricewaterhouseCoopers Inc., as Court-appointed receiver (the Receiver), for advice and direction on its Sixth Report of the Receiver and the legal opinion prepared by Miller Thompson LLP.

The Receiver sought various relief, including the approval of factual and legal conclusions, determination of outstanding legal issues, submissions from interested parties regarding priority to vehicle proceeds, access of document production, and for interested stakeholders to attend a Judicial Dispute Resolution (JDR) pursuant to Rule 4.16(4). The Receiver sought to be excluded from the JDR but wanted the parties to confirm whether a resolution was reached at JDR.

The Court reviewed the Plaintiff’s submissions for lack of natural justice in the Receiver’s Application, purported bias by the Receiver, the Receiver’s mandate, and the Receiver’s legal opinion. Justice Gill found that the Receiver did not exceed its authority and acted in accordance with its mandate. The Receiver was independent, objective, unbiased, and acted in good faith.

The Court granted the Receiver’s Application and accepted its recommendations with a few modifications. The Court extended the time for the JDR from 60 to 90 days and extended the time to report the outcome of the JDR from 65 to 95 days. Gill J. also granted the Application for the Receivership to be terminated, subject to any further Court direction that may be necessary.