No ‘commercial mainstream’ exception allowing receiver to seize on-reserve Indigenous assets: OCA – Law Times

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No ‘commercial mainstream’ exception allowing receiver to seize on-reserve Indigenous assets: OCA – Law Times

by ahnationtalk on October 7, 202299 Views

07 Oct 2022

The Ontario Court of Appeal has ruled that s. 89 of the Indian Act prohibits court-appointed receivers from seizing an Indigenous person’s on-reserve businesses and assets.

The ruling overturns Superior Court Justice Stanley Kershman’s conclusion that the appointment of a receiver constituted a “commercial mainstream” exception to s. 89.

The result of Kershman’s order was that the receiver could operate two of Andrew Miracle’s on-reserve businesses, Smokin’ Joes, a gas station that sells confectionaries and tobacco, and the Canna Kure marijuana dispensary. The receivership was to continue until the profits from the business satisfied a debt allegedly owing to Miracle’s former lawyer, Glen Bogue of Toronto, whose license was suspended in 2017 by the Law Society of Ontario.

Read More: https://www.lawtimesnews.com/practice-areas/labour-and-employment/no-commercial-mainstream-exception-allowing-receiver-to-seize-on-reserve-indigenous-assets-oca/370510

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