CanaSea PetroGas Group Holdings Limited (Re): Single Judge May Hear CCAA Leave Application

In his November 20, 2014 decision in CanaSea PetroGas Group Holdings Limited (Re), Sharpe J.A. of the Ontario Court of Appeal did not accept the respondents' submissions that he should decline to hear an application for leave to appeal a CCAA decision because only a three-judge panel should hear such an application. He accepted that it was usual practice to have a three-judge panel hear the application, and there are advantages to this practice, but that he nonetheless had jurisdiction and should exercise it. In the result, however, he declined to grant leave.

In the proceeding, the moving parties originally obtained an ex parte order (Sharpe J.A. noted he was not satisfied that there was any need to obtain the order ex parte). This order was later set aside by the respondents. The moving parties sought leave to appeal the order setting aside the ex parte order, arguing they had been denied procedural fairness.