How does a CCAA or receivership sale of a commercial property differ from a residential power of sale?
These processes are aimed at fundamentally different situations. The Companies' Creditors Arrangement Act is generally used for larger, insolvent companies restructuring their affairs, and a sale of real property in that context is usually part of a broader, court-supervised process involving formal marketing efforts, creditor input, and detailed court approval of both the process and the resulting sale. An ordinary residential power of sale, by contrast, is a single secured lender's remedy under the Mortgages Act after a homeowner's mortgage default, conducted by the lender itself without needing prior court approval in the ordinary course.
The practical result is that a CCAA or receivership sale of a commercial property typically comes with a heavier layer of court oversight and formal process, including things like vesting orders addressed elsewhere, while a residential power of sale is comparatively simple and lender-driven. Both, however, tend to share the "as is" character and limited vendor representations that distressed purchases generally involve.
If you are considering a commercial property in an insolvency proceeding, expect a more formal, document-heavy process than a residential power of sale, and budget legal time accordingly.
Key takeaways
- CCAA and receivership sales generally involve more formal court oversight than a residential power of sale.
- Power of sale is a single lender's remedy under the Mortgages Act, without needing prior court approval.
- Vesting orders and formal marketing processes are more typical of CCAA and receivership sales.
- Both types of sale still tend to share the "as is," limited-representation character.