What is the effect of a court-appointed receiver on the disposition of assets?

Ontario, Canada


The following excerpt is from Bank of Montreal v. Dedicated National Pharmacies Inc. et al, 2011 ONSC 4634 (CanLII):

Galligan J.A. also adopted the following statement of Anderson J. in Crown Trust v. Rosenberg, supra, which is also apt to this case: If the court were to reject the recommendation of the receiver in any but the most exceptional circumstances, it would materially diminish and weaken the role and function of the receiver both in the perception of receivers and in the perception of any others who might have occasion to deal with them. It would lead to the conclusion that the decision of the receiver was of little weight and that the real decision was always made upon the motion for approval. That would be a consequence susceptible of immensely damaging results to the disposition of assets by court-appointed receivers.

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