What is the legal position of a court-appointed receiver and manager in a personal injury action?

Saskatchewan, Canada


The following excerpt is from 238842 Alberta Ltd., Re, Sands Hospitality Investments Ltd. and Ashk Development Corporation Ltd.; Government of Saskatchewan and Saskatchewan Telecommunications (applicants) v. Royal Bank of Canada, 238842 Alberta Ltd., Sands Hospitality Investment Ltd. and Ashk Development Corporation Ltd., 1981 CanLII 2092 (SK QB):

The plaintiff’s position is rooted in the traditional view of the powers that a court-appointed receiver and manager acquires when appointed to act and take possession of the defendants’ property. It has long been accepted law that the court-appointed receiver and manager is an officer of the court and that his possession of the defendants’ property shall not be interfered with or disturbed by anyone except by leave of the court. There is no doubt that on occasion the receiver and manager has obtained injunctive relief to restrain such interference. In Dixon v. Dixon, [1904] 1 Ch. 161, at p. 163, the court put it this way: In my opinion, any deliberate act calculated to destroy property under the management of the court by means of a receiver and manager is interference with that receiver and manager, although it may not induce the breaking of any contract. The object of the court is to prevent any undue interference with the administration of justice, and when anyone, whether a partner in a business, a party to the litigation, or a stranger, interferes with an officer of the court, it is essential for the court to protect that officer.

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