Haramboure (Re Bankrupty)

Haramboure (Re Bankrupty)

The trustee bears the onus to obtain approval of its final statement of receipts and disbursements and therefore must proceed first and call evidence to justify the fees claimed; the superintendent's comments do not shift that burden.

Source-derived case information.

Citation
2001 BCSC 695
Parties
Trustee: Trustee; Bankrupt: Raymond Peter Haramboure; Intervenor: Superintendent of Bankruptcy
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 May 2001
Procedural Posture
Bankruptcy / Approval of Trustee's Final Statement of Receipts and Disbursements Before Registrar
Outcome
Registrar ruled that the trustee must proceed first and call evidence to justify its final statement of receipts and disbursements; no evidence was heard and the registrar was not seized.
Legal Topics
Trustee's Fees, Final Statement of Receipts and Disbursements, Superintendent's Comments, Onus of Proof, Taxation of Trustee's Accounts
Source Language
english
Bankruptcy/ Insolvency Administrative Law Civil Procedure Trustee's Fees Final Statement of Receipts and Disbursements Superintendent's Comments Onus of Proof Taxation of Trustee's Accounts

Source-derived case record

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Parties

Trustee

Trustee

Raymond Peter Haramboure

Bankrupt

Superintendent of Bankruptcy

Intervenor

Procedural Posture

Bankruptcy / Approval of Trustee's Final Statement of Receipts and Disbursements Before Registrar

Legal Issues

  1. 1 Who bears the onus to present evidence at taxation of trustee's accounts under s.152 BIA
  2. 2 Whether the Superintendent must proceed first to justify recommended fee reductions
  3. 3 Whether inspector's approval relieves trustee of the obligation to justify fees before the registrar

Ratio Decidendi

The trustee bears the onus to obtain approval of its final statement of receipts and disbursements and therefore must proceed first and call evidence to justify the fees claimed; the superintendent's comments do not shift that burden.

Court Disposition

Registrar ruled that the trustee must proceed first and call evidence to justify its final statement of receipts and disbursements; no evidence was heard and the registrar was not seized.

Orders

  • Trustee to proceed first and call its evidence in support of the final statement of receipts and disbursements and claimed fees.
  • Matter not heard; registrar not seized.