In V2 Investment Holdings Inc. v. Mizrahi, 2026 ONCA 275, the Court of Appeal dismissed an appeal to set aside a judgment granted in favour of the respondent lender, V2 Investment Holdings Inc. (“V2”), relating to an outstanding $12.9 million dollar loan used to finance a partially completed mixed-use condominium development project in Ottawa (“the Project”). The purpose of the loan was to provide bridge-financing for the Project. The loan was guaranteed by multiple corporations and granted V2 a charge over the Project. One of the questions on appeal was whether the application judge erred in handing the case as an application rather than converting it into an action. The Court of Appeal found that the application judge did not err in handling the case as an application as there were no material factual disputes that required a trial. There was no dispute that the funds had been advanced, that … Read More
Federal Court of Appeal Considers Reviewing of Evidence in Judicial Review Applications
In judicial review applications, like most legal proceedings, evidence plays an essential role in securing a successful result. This includes not just the quality of the evidence, but the process through which the court considers that evidence. The Federal Court of Appeal’s recent decision in Apotex Inc. v. Canada (Health), 2018 FCA 147 (“Apotex”) affirms the control accorded to judges when reviewing evidence in judicial review applications.