Savary (Re)

Savary (Re)

The Registrar held that an examination under BIA s.163(2) was warranted; ordered non-privileged financial records (Credit Union and Auto Capital) produced; limited production from law firms to facts of engagement and non-privileged documentation but not solicitor-client communications; required MacGillivray Law to...

Source-derived case information.

Citation
2018 NSSC 337
Parties
Trustee: Grant Thornton Limited; Bankrupt: Brian Andrew Savary; Objecting Creditor: Kimball Law Inc.; Notified Person: Oliver Janson; Notified Entity: Nova Scotia Barristers' Society
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
13 December 2018
Procedural Posture
Bankruptcy and Insolvency / Motion Hearing Re: Discharge, Examinations and Production; Discharge Adjourned Sine Die
Outcome
Discharge adjourned sine die; examination under BIA ordered with specific production directives; limited disclosure of law firm records ordered; real property order to remain in effect pending further order
Legal Topics
Discharge, Examination Under BIA Ss.162 and 163, Solicitor Client Privilege, Production of Documents, Real Property Registrations
Source Language
english
Bankruptcy Insolvency Civil Procedure Evidence Property Discharge Examination Under BIA Ss.162 and 163 Solicitor Client Privilege +2 more

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Parties

Grant Thornton Limited

Trustee

Brian Andrew Savary

Bankrupt

Kimball Law Inc.

Objecting Creditor

Oliver Janson

Notified Person

Nova Scotia Barristers' Society

Notified Entity

Procedural Posture

Bankruptcy and Insolvency / Motion Hearing Re: Discharge, Examinations and Production; Discharge Adjourned Sine Die

Legal Issues

  1. 1 Whether an examination under BIA s.163(2) is warranted and its scope
  2. 2 Whether solicitor-client privilege over law firm files can be compelled to be produced or waived
  3. 3 Extent of required disclosure from third parties (banks, Auto Capital, law firms)

Ratio Decidendi

The Registrar held that an examination under BIA s.163(2) was warranted; ordered non-privileged financial records (Credit Union and Auto Capital) produced; limited production from law firms to facts of engagement and non-privileged documentation but not solicitor-client communications; required MacGillivray Law to disclose net disbursements to the bankrupt and breakdown between pecuniary and non-pecuniary amounts; real property registration restrictions to remain in effect; and adjourned the discharge application sine die with examinations and procedural directions set out (including 20-day production timelines).

Court Disposition

Discharge adjourned sine die; examination under BIA ordered with specific production directives; limited disclosure of law firm records ordered; real property order to remain in effect pending further order

Orders

  • Application for discharge adjourned sine die
  • Examination of the bankrupt ordered under BIA s.163(2) (and potentially s.162(1) if Trustee proceeds) to be scheduled