AutoCanada Capital Motors GP Inc v 2016543 Alberta Ltd

canada, canadian, case law, court opinion, canlii, abca, 2026abca265, 2026 abca 265 (canlii), 2026, abca, 265, (canlii), 2403-0257ac, 2026, procedure, appeals, receivership proceedings, advice and direction application, whether process was tantamount to a summary judgment application, adoption of receiver’s factual and legal conclusions on a central issue, opportunity to prove case through an adversarial process on a complete record, procedural fairness breached, appeal allowed, procedure, procedural fairness, adversarial process, ostensible authority, whether ostensible authority could be determined without a trial or properly constituted summary judgment, case management judge accepted receiver material without weighing totality of evidence, practical result was final judgment on a critical issue in absence of a complete record, appeal allowed, procedure, receivers, mandate and neutrality, investigative receiver, whether receiver acted outside its mandate by seeking to bind parties to its legal opinion, officer of the court required to remain neutral, receiver improperly entered the litigation fray and advocated a position, advice and direction application misused, appeal allowed, evidence, standard of review, legal conclusions, receiver’s legal opinion, whether the case management judge erred in finding the receiver’s legal opinion was owed deference, legal conclusions must be assessed on a standard of correctness, reliance limited to evidence the receiver presented, adoption of conclusions set aside, appeal allowed