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Insolvency (BIA) - Appeal Route - Common Cases Issues [s.193(b)]

. Lozovski v. Equityline Mortgage Investment Corporation

In Lozovski v. Equityline Mortgage Investment Corporation (Ont CA, 2026) the Ontario Court of Appeal considered several BIA s.193 appeal route issues.

Here the court considers the 'common case issues' as-of-right appeal route [BIA s.193(b)]:
B. Section 193(b) of the BIA

1. Meaning of “likely to affect other cases of a similar nature in the bankruptcy proceedings” in s. 193(b)

[21] Section s. 193(b) provides that an automatic right of appeal lies where there is a real dispute likely to affect other cases raising the same or similar issues in the same bankruptcy or receivership proceedings: Bending Lake, at para. 32.

....

[25] .... Section 193(b) only applies to issues arising in the same receivership proceedings: Bending Lake, at para. 32; Flight (Re), 2022 ONCA 526, at para. 24. Although EMIC is a limited partner of SPV, SPV is engaged in a separate bankruptcy proceeding, with a different receiver.

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Last modified: 25-09-26
By: admin