Simon's Legal Resources

Insolvency (BIA) - Appeal Route - Other Cases [s.193(e)]

. 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 'other cases' appeal route, which requires leave to appeal [BIA s.193(e)]:

[36] A decision to grant leave under s. 193(e) is discretionary and must be exercised in a flexible and contextual way, considering the three factors listed in Pine Tree Resorts, at para. 29. The question is whether the proposed appeal:

(a) raises an issue that is of general importance to the practice in bankruptcy/insolvency matters or to the administration of justice as a whole, and is one that this court should therefore consider and address;

(b) is prima facie meritorious, and

(c) would unduly hinder the progress of the bankruptcy/insolvency proceedings.

....

[47] As the Supreme Court noted in Sam Lévy & Associés Inc. v. Azco Mining Inc., 2001 SCC 92, [2001] 3 S.C.R. 978, at para. 27, there is “public interest in the expeditious, efficient and economical clean-up of the aftermath of a financial collapse.” Likewise, in this court’s decision in Bending Lake, at para. 47:

Courts have observed that the availability under s. 193(e) of a right to seek leave to appeal in circumstances falling outside those captured by automatic rights of appeal in ss. 193(a) to (d) signals the need for appeal courts to control bankruptcy proceedings in order to promote the efficient and expeditious resolution of the bankruptcy, one of the principal objectives of bankruptcy legislation.