What is the test for a court to accept that a court-appointed receiver has acted properly in the sale of a bankrupt corporation?

Ontario, Canada


The following excerpt is from Bakemates International Inc., Re, 2003 CanLII 41385 (ON SC):

The court should accept that a court-appointed receiver has acted properly unless there is strong evidence to the contrary. In Royal Bank v. Soundair Corp., supra, Galligan J.A. stated: “When a court appoints a receiver to use its commercial expertise to sell an airline, it is inescapable that it intends to rely upon the receiver’s expertise and not upon its own. Therefore, the court must place a great deal of confidence in the actions taken and in the opinions formed by the receiver. It should also assume that the receiver is acting properly unless the contrary is clearly shown. The second observation is that the court should be reluctant to second-guess, with the benefit of hindsight, the considered business decisions made by its receiver”.

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