Two recent Supreme Court of Canada decisions demonstrate that the corporate attribution doctrine is not a one-size-fits-all approach.

Court approval of a sale process in receivership or Bankruptcy and Insolvency Act (“BIA”) proposal proceedings is generally a procedural order and objectors do not have an appeal as of right; they must seek leave and meet a high test in order obtain it. However, in Peakhill Capital Inc. v.

Credit servicing firms, the Bankers' Book Evidence Acts 1879-1959 (“BBEA”), and the evidential requirements of an application for summary judgment were recently considered by the High Court in Promomtoria (Aran) Ltd v Burns. 1 The decision issued by Noonan J shows a practical use of Order 37 of the Rules of the Superior Courts in managing evidential requirements, where the BBEA cannot be utilised.

Background