APPLICATION for an order adjudging the respondent bankrupt
and for other relief.
Sean Campbell, Natasha MacParland and Natalie Renner, for
David Sterns, Andy Seretis, Allan Dick, Marie-Andree Vermette
and Michael Statham, for respondent.
Robert Thornton and Rachel Bengino, for proposed interim
receiver FTI Consulting Canada Inc.
 MCEWAN J.: — The applicant, General Motors of Canada
Company (“GM”), brings this application seeking a number of
orders as follows:
— an order adjudging Trillium Motor World Ltd. (“Trillium”)
— an order that the costs award obtained by Trillium against
Cassels Brock & Blackwell LLP (“Cassels”) be deemed the
property of Trillium;
— an order declaring that GM as a secured creditor has a first-
ranking security interest over the costs award, and specifical-
ly ranks in priority to class counsel; and
— alternatively, if the court is not prepared to make a bank-
ruptcy order at this time, an order that FTI Consulting
Canada Inc. (“FTI”) be appointed as interim receiver over all
of the assets, undertakings and property of Trillium, pending
the determination of the bankruptcy issue.
 Class counsel seek two things:
— an order dismissing the application; and
— an order in the alternative declaring that the costs award is
made not in Trillium’s personal capacity and as such does
not form part of Trillium’s estate or, in the alternative, an
order that the costs award is payable to Trillium subject to
a first charge in favour of class counsel in priority to any
claims GM may have as a secured creditor.
 This application is essentially a contest between GM and
class counsel as to who is entitled to the costs that I awarded to
be paid to Trillium by Cassels together with the subsequent
related costs award of the Ontario Court of Appeal, which