Kostiuk (Trustee of)

Kostiuk (Trustee of)

Susan Barnes acquired title to the wine by assignment from the trustee; Carolyn Kostiuk, by asserting ownership, denying access, and permitting or causing removal/consumption of bottles after Barnes' title vested, committed conversion and is liable for damages equal to the replacement value of the missing wine, here fixed at $421,446 with court order interest from October 22, 1997.

Citation
2001 BCSC 1134
Parties
Applicant / Judgment Creditor: Susan Barnes; Respondent / Defendant: Carolyn Kostiuk; Bankrupt / Former Owner of Assets: Lawrence Steve Kostiuk
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 August 2001
Procedural Posture
Bankruptcy Proceeding With Ancillary Tort Claim for Conversion / Final Reasons for Judgment / Judgment Delivered
Outcome
Judgment for plaintiff Susan Barnes against respondent Carolyn Kostiuk for conversion; damages awarded and costs awarded to plaintiff
Legal Topics
Conversion, Fraudulent Conveyance, Vesting of Assets in Trustee, Assignment of Trustee's Rights, Search and Seizure Under Bankruptcy and Insolvency Act S.169, Quantum of Damages, Costs
Source Language
English
Bankruptcy Property Tort Civil Procedure Conversion Fraudulent Conveyance Vesting of Assets in Trustee Assignment of Trustee's Rights +3 more

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Parties

Susan Barnes

Applicant / Judgment Creditor

Carolyn Kostiuk

Respondent / Defendant

Lawrence Steve Kostiuk

Bankrupt / Former Owner of Assets

Procedural Posture

Bankruptcy Proceeding With Ancillary Tort Claim for Conversion / Final Reasons for Judgment / Judgment Delivered

Legal Issues

  1. 1 Whether Susan Barnes had standing to pursue conversion claims to wine by assignment from the trustee
  2. 2 Whether title to the wine vested in the trustee on the date of bankruptcy and was validly assigned to Susan Barnes
  3. 3 Whether Carolyn Kostiuk converted wine belonging to the bankrupt/assignee by detaining, allowing removal or consumption and denying possession

Ratio Decidendi

Susan Barnes acquired title to the wine by assignment from the trustee; Carolyn Kostiuk, by asserting ownership, denying access, and permitting or causing removal/consumption of bottles after Barnes' title vested, committed conversion and is liable for damages equal to the replacement value of the missing wine, here fixed at $421,446 with court order interest from October 22, 1997.

Court Disposition

Judgment for plaintiff Susan Barnes against respondent Carolyn Kostiuk for conversion; damages awarded and costs awarded to plaintiff

Orders

  • Judgment against Carolyn Kostiuk in the principal sum of 421446.00 with court order interest from and after October 22, 1997
  • Costs awarded to Susan Barnes on Scale 3