On November 21, 2022, Torys LLP and Thornton Grout Finnigan LLP held an event on “Everything Junior Litigators Need to Know about the Commercial List.”

Insolvency Insider continues to provide a detailed overview of the latest insolvency filings in Canada. We have summarized the most relevant information of the Q2 2024 insolvency filings for those who practice on the Commercial List here.

Milborne v Kepinski, a recent motion decision from the Commercial List, confirms that the RJR MacDonald test applies where the appointment of an interim receiver is sought on an interim basis. The decision re-iterates that the overarching objective of an interim receiver is to preserve and realize on a debtor’s assets for the creditors’ benefit. The extraordinary remedy is unlikely to be granted in the context of an intractable business dispute between shareholders, where control over the asset is sought solely for the purposes of gaining control over the business.

In a two-way application before the Commercial list, JSC Chukotka Mining and Geological Company (“Chukotka”), a Russian-based company, sought an order recognizing and enforcing an Arbitral Award pursuant to Article 35 of the Model Law on International Commercial Arbitration (“the Model Law”). Medivolve Inc. (“Medivolve”), a Toronto-based company, opposed the application and sought an order setting aside the Arbitral Award pursuant to Article 34 of the Model Law.