Jared Enns, Joshua Gordon, and Daniel B. Jolic have authored an article titled “Toward Constitutional & Commercial Certainty: The Indian Act Doesn’t Preclude Appointment of a Receiver,” published in the December 2025 edition of Journal of Corporate Renewal.
The article looks at the decision in Scala Development Consultant Ltd. v. Spirit Bay Developments Limited Partnership from the British Columbia Supreme Court in which the Court pronounced a receivership order in respect of certain leasehold interests located on an Indigenous reserve. In doing so, the BCSC held that, depending on the circumstances and nature of the property, it has sufficient jurisdiction to appoint a receiver over on-reserve assets despite the prohibition against seizure of ‘real and personal property of an Indian or a band situated on a reserve’ contained in Section 89 of the Indian Act, R.S.C. 1985, c. I-5.
Write the authors: “As there are an ‘increasing number of Indigenous-owned projects … appearing in all regions and all industries across Canada,’ this case is one that will no doubt be closely watched by governments, leaders, Indigenous partnerships, and industry stakeholders, all of whom require certainty in the context of financing and funding on-reserve projects.”
The Journal of Corporate Renewal (JCR), the official publication of the Turnaround Management Association (TMA).