R.J.Z. (Re)

R.J.Z. (Re)

The court reappointed BDO Canada as trustee because BDO was prepared and able to resume administration without the previously demanded down payment, the bankrupt had defaulted and failed to communicate, and the interests of creditors required continuity of administration; the court will enforce production of documents and interim payments to allow the trustee to investigate and decide whether to seek modification of the conditional order.

Citation
2015 BCSC 1404
Parties
Trustee (applicant): BDO Canada; Interested Party: D. Thode & Associates; Bankrupt: R.J.Z. a.k.a. R.J.R.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 March 2015
Procedural Posture
Bankruptcy / Application to Substitute Trustee – in Chambers Oral Reasons
Outcome
Application to replace the trustee with a substitute denied; BDO Canada reappointed as trustee.
Legal Topics
Substitution of Trustee, Trustee Discharge and Duties, Enforcement of Conditional Order, Creditor Interests
Source Language
English
Bankruptcy Insolvency Tax Substitution of Trustee Trustee Discharge and Duties Enforcement of Conditional Order Creditor Interests

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Parties

BDO Canada

Trustee (applicant)

D. Thode & Associates

Interested Party

R.J.Z. a.k.a. R.J.R.

Bankrupt

Procedural Posture

Bankruptcy / Application to Substitute Trustee – in Chambers Oral Reasons

Legal Issues

  1. 1 Whether the court should substitute the trustee after a trustee's discharge and incomplete administration
  2. 2 Whether the outstanding conditional order and tax debts can be pursued by the trustee
  3. 3 Whether the interests of creditors justify reappointment of the original trustee

Ratio Decidendi

The court reappointed BDO Canada as trustee because BDO was prepared and able to resume administration without the previously demanded down payment, the bankrupt had defaulted and failed to communicate, and the interests of creditors required continuity of administration; the court will enforce production of documents and interim payments to allow the trustee to investigate and decide whether to seek modification of the conditional order.

Court Disposition

Application to replace the trustee with a substitute denied; BDO Canada reappointed as trustee.

Orders

  • Bankrupt to provide vital statistics document establishing name change and date to Mr. Rennie within seven days.
  • Bankrupt's name change to be registered with the Superintendent; Superintendent to retain full names for register.