INTRODUCTION A purchaser of a debtor’s assets in insolvency proceedings wants to ensure that in the sale it will take title to the assets free and clear of all encumbrances and claims. To achieve this result, receivers use vesting orders in order to insulate purchasers from claims made by third parties against the debtor and its assets. As such, vesting orders are a powerful tool. A recent decision of the Ontario Court of Appeal in Third Eye Capital Corporation v. Dianor Resources Inc. (Third Eye Capital),1 has brought to the forefront questions as to whether purchasers of distressed assets will enjoy certainty in the unencumbered conveyance of assets free and clear of all claims and encumbrances. Specifically, questions now arise in circumstances where third party proprietary rights are involved. The Ontario Court of Appeal in Third Eye Capital invited additional submissions on the question of a motion court’s jurisdiction to vest out third party proprietary interests. More specifically, the question to be addressed was: Whether and under what circumstances and limitations a Superior Court Judge has jurisdiction By StevenWeisz, co-authored by Caitlin Fell and Alex Don What can be Vested? Third Eye Capital at the Ontario Court of Appeal 1 2018 ONCA 253. 26 Rebuilding Success Spring/Summer2019