Is there a fair balance between the protection of a court appointed receiver and the rights of third parties?
Alberta, Canada
The following excerpt is from Caswan Environmental Services Inc. (Re) (Trustee of), 2001 ABQB 240 (CanLII):
Just as our Court of Appeal stated in Wenzel v. Cougar Tool Inc. (supra), it is the duty of the court to strive to establish a fair balance between the protection of court appointed receivers and the rights of third parties who wish to pursue legitimate claims.
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