Is there any liability for expenses of a receiver who is not the agent of the party but is a servant or officer of the court?
British Columbia, Canada
The following excerpt is from Winmil Holidays Co. Ltd. (Re), 1984 CanLII 3090 (BC CA):
In Johnston v. Courtney, supra, Martin J.A. said, at p. 460, that there is no liability of a party for the expenses of a receiver who is not the agent of the party but is the servant or officer of the court. In that case, this court upheld the refusal of a chambers judge to order payment of a receiver's expenses by a party, rather than out of the assets. Martin J.A. said that the judge was right to refuse the motion because no special order had been made at the time of the appointment and, in the absence of any order to the contrary, the receiver was entitled to payment out of the assets.
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