Blogs Mondaq Canada SCC Refuses Leave To Appeal Receiver's Priority Over Property Tax Claims

SCC Refuses Leave To Appeal Receiver's Priority Over Property Tax Claims

Document Cited Authorities (2) Cited in Related

On October 10, 2019, leave to appeal the decision of the Alberta Court of Appeal (the “Alberta CA”) in Edmonton (City) v. Alvarez & Marsal Canada Inc. (“Edmonton v. Alvarez”)1 was refused by the Supreme Court of Canada (the “SCC”).2 No reasons were given.

The City of Edmonton (theCity) had sought leave to appeal the unanimous Alberta CA ruling that court-ordered charges for a receiver's fees, disbursements and borrowings could rank ahead of unpaid municipal property tax claims. The Alberta CA had found that there was no evidence that the City would not benefit from the receiver selling the properties in question, or that the City's secured position would be negatively impacted, and that the City itself would have to run sales if...

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