The Automatic Right of Appeal under Section 193(c) of the BIA: The Case for a Narrow Approach in Asset Sale Decisions

Jassmine Girgis of the University of Calgary explains that a recent decision of the Ontario Court of Appeal underscores the need for a narrow reading of section 193(c) of the BIA, holding that an automatic right of appeal does not arise from routine procedural orders in receivership sales even where asset values exceed the statutory threshold, and that leave remains the proper route for most sale approval challenges.

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