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 (the “City”)
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 the receiver did not, likely at greater
cost.3
