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BANKRUPTCY

Appeal from Federal Court decision (2004 FC 1584) dismissing appellants’ claims attacking validity of conservatory measures involving assets managed by them, in accordance with Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3, s. 14.03—No breach of procedural fairness—Appellants not having right to oral hearing before issue of directions for conservatory measures—Rational link between the conservatory measure taken in accordance with Act, s. 14.03(d) and facts forming basis of decision to take conservatory measures—Temporary conservatory measures necessary to ensure proper administration of ordinary administration of estate that appellants’ negligence and refusal to cooperate had compromised—Appeal dismissed.

Marchand Syndics Inc. v. Laperrière (A-658-04, 2006 FCA 368, Létourneau J.A., judgment dated 10/11/06, 33 pp.)

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