Key Points:

• Application: The Applicant sought an order to appoint Rosen Goldberg Inc. as the Receiver of the Respondents' property at 1101 Horseshoe Valley Rd. W., Oro-Medonte, Ontario, and to grant charges over the property to the Receiver and its counsel.
• Respondents' Position: Opposed the appointment of a Receiver, arguing a conflict of interest with the proposed Receiver and proposing an alternative firm.
• Court's Decision: The application to appoint a Receiver was dismissed.

Reasoning:

• Just and Convenient Test: The court applied the test under Section 243 of the Bankruptcy and Insolvency Act (BIA) and Section 101 of the Courts of Justice Act (CJA) to determine if appointing a Receiver was "just or convenient."
• Factors Considered: The court considered several factors, such as:
  • The nature of the property (vacant land previously used as a golf course).
  • The rights of the secured creditor.
  • The lack of evidence suggesting depreciation of the property's value.
  • The ongoing litigation and issues related to the 2001 Easement affecting property redevelopment.
  • The potential conflict of interest for Rosen Goldberg Inc., already appointed as a Receiver for adjacent lands involved in the dispute.

Conclusion:

• The court found no immediate necessity or convenience in appointing a Receiver at this time, especially given the conflict concerns. The application was dismissed without prejudice to any other remedies the parties might pursue.
• The document does not specify any monetary award.