ALBERTA FINANCE & MORTGAGE CORPORATION v WESTANA ASSET MANAGEMENT CORP

The Applicant filed Originating Applications pursuant to Rule 3.2 for Receivership Orders (collectively, the “Applications”) against two groups of related corporate entities (collectively, the “Respondents”). Among other things, one of the issues was whether there were factual disputes that precluded relief on the Applications.

Mah J. refused to grant the Receivership Orders, partly on the basis that there were significant and unresolved factual disputes regarding the existence and extent of the alleged debts and the validity of any security, contrary to Rule 3.2. In particular, Justice Mah noted that the origin and history of the indebtedness was set out in a confusing manner in the Affidavit evidence, such that there were significant gaps in narrative and documentation.

The Court dismissed the Applications.