What is the effect of the Receiver making a recommendation concerning the terms of settlement of a legal action?
British Columbia, Canada
The following excerpt is from Corpfinance International Limited v. Earth Energy Utility Corp., 2006 BCSC 1994 (CanLII):
This case is somewhat distinguishable from Royal Bank v. Soundair, supra. Here the Receiver is making a recommendation concerning the terms of settlement of a legal action. In Soundair and the cases cited for the propositions set out in Soundair, the Receiver was recommending the sale of an asset. Counsel for EEU says that in this case the court owes no deference to the Receiver because the Receiver has no special expertise in assessing the merits of a lawsuit.
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