When will a court interfere to reject a proposed action by the Receiver?

Alberta, Canada


The following excerpt is from Integrated Building Corp. v. Bank of Nova Scotia, 1989 ABCA 114 (CanLII):

We are all of the view that the Reasons for Judgment of the learned chambers judge properly assessed the considerations determining when a court will interfere to reject a proposed action by its court appointed Receiver. In this case the chambers judge reviewed the effort made by the Receiver to excite interest in the sale of the lands. She quoted the Ontario decision of Crown Trust v. Rosenberg which states the test in these terms: "The court must consider the efficacy and the integrity of the process by which offers are obtained. The court ought not to enter into the marketplace. The court ought not to sit as on appeal from the decision of the Receiver reviewing in minute detail every element of the process by which its decision is reached.'"

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