Cardillo v. Medcap Real Estate Holdings Inc.

JurisdictionOntario
CourtCourt of Appeal (Ontario)
Citation2023 ONCA 852
Docket NumberM54694; COA-23-CV-1187
Date20 December 2023

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7 practice notes
  • Court Of Appeal Summaries (February 9 ' February 13, 2026)
    • Canada
    • Mondaq Canada
    • February 20, 2026
    ...1985, c. B-3, s. 193, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 6(1)(b), s. 7(5), Cardillo v. Medcap Real Estate Holdings Inc., 2023 ONCA 852, Global Royalties Limited v. Brook, 2016 ONCA 50, Hillmount Capital Inc. v. Pizale, 2021 ONCA 364, Business Development Bank of Canada v. Avent......
  • QRD (Willoughby) Holdings Inc. v MCAP Financial Corporation
    • Canada
    • Court of Appeal (British Columbia)
    • September 9, 2024
    ...added.] (See also Cosa Nova Fashions Ltd. v. The Midas Investment Corporation 2021 ONCA 581; Cardillo v. MedCap Real Estate Holdings Inc. 2023 ONCA 852; Re Harmon International Industries Inc. 2020 SKCA 33 As against the relatively narrow approach taken in Bending Lake, I note first Fallis ......
  • Unity Health Toronto v. 2442931 Ontario Inc.
    • Canada
    • Court of Appeal (Ontario)
    • February 9, 2026
    ...is an appeal as of right under ss. 193(a) to (d) of the BIA on a motion for directions: Cardillo v. Medcap Real Estate Holdings Inc., 2023 ONCA 852, at para. 25, motion to review dismissed, 2024 ONCA 278; Global Royalties Limited v. Brook, 2016 ONCA 50, at para. 17.[4] A single judge can al......
  • There's Something About (Hail) Mary: Appeals of Sale Processes and Pre-Receivership Sale Agreements
    • Canada
    • Mondaq Canada
    • February 19, 2024
    ...2. Peakhill Capital Inc. v. 1000093910 Ontario Inc., 2024 ONCA 59 at para. 27, citing Cardillo v. Medcap Real Estate Holdings Inc., 2023 ONCA 852. 3. Peakhill at paras. 28-29, citing Re Harmon International Industries Inc., 2020 SKCA 4. Companies' Creditors Arrangement Act, R.S.C 1985, c. C......
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4 cases
  • Unity Health Toronto v. 2442931 Ontario Inc.
    • Canada
    • Court of Appeal (Ontario)
    • February 9, 2026
    ...is an appeal as of right under ss. 193(a) to (d) of the BIA on a motion for directions: Cardillo v. Medcap Real Estate Holdings Inc., 2023 ONCA 852, at para. 25, motion to review dismissed, 2024 ONCA 278; Global Royalties Limited v. Brook, 2016 ONCA 50, at para. 17.[4] A single judge can al......
  • Peakhill Capital Inc. v. 1000093910 Ontario Inc.
    • Canada
    • Court of Appeal (Ontario)
    • July 22, 2024
    ...property in excess of $10,000 that would entitle 255 to appeal as of right: BIA s. 193(c); Cardillo v. Medcap Real Estate Holdings Inc., 2023 ONCA 852, at para. 21. In any event, if 255 required leave to appeal, we would grant leave for a number of reasons: 255 raises an issue of general im......
  • Peakhill Capital Inc. v. 1000093910 Ontario Inc.
    • Canada
    • Court of Appeal (Ontario)
    • July 11, 2024
    ...of this court confirms that it is open to a single judge to grant such orders: Cardillo v. Medcap Real Estate Holdings Inc., 2023 ONCA 852. However, the Debtor’s request that I dismiss 255’s appeal on the basis that 255 lacks standing to appeal strikes me as moving into territory that is th......
  • Peakhill Capital Inc. v. 1000093910 Ontario Inc.
    • Canada
    • Court of Appeal (Ontario)
    • January 24, 2024
    ...of the debtor’s property into play; or do not result in a loss of more than $10,000: e.g. Cardillo v. Medcap Real Estate Holdings Inc., 2023 ONCA 852. [28] The Debtor also acknowledges that, on its face, the Order appears to be procedural in that it simply approves a sale [29] In that respe......
2 firm's commentaries
  • Court Of Appeal Summaries (February 9 ' February 13, 2026)
    • Canada
    • Mondaq Canada
    • February 20, 2026
    ...1985, c. B-3, s. 193, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 6(1)(b), s. 7(5), Cardillo v. Medcap Real Estate Holdings Inc., 2023 ONCA 852, Global Royalties Limited v. Brook, 2016 ONCA 50, Hillmount Capital Inc. v. Pizale, 2021 ONCA 364, Business Development Bank of Canada v. Avent......
  • There's Something About (Hail) Mary: Appeals of Sale Processes and Pre-Receivership Sale Agreements
    • Canada
    • Mondaq Canada
    • February 19, 2024
    ...2. Peakhill Capital Inc. v. 1000093910 Ontario Inc., 2024 ONCA 59 at para. 27, citing Cardillo v. Medcap Real Estate Holdings Inc., 2023 ONCA 852. 3. Peakhill at paras. 28-29, citing Re Harmon International Industries Inc., 2020 SKCA 4. Companies' Creditors Arrangement Act, R.S.C 1985, c. C......