Godbout (Re)

Godbout (Re)

Vehicle exemptions in Nova Scotia depend on (1) debtor residence and vehicle use, (2) vehicle value bands, and (3) existence and perfection/type of security; where a vehicle is owned outright, valued over $3,000, and the PPSA/Judicature Act exemptions do not apply (as here because of reasonable public...

Source-derived case information.

Citation
2019 NSSC 315
Parties
Trustee: Grant Thornton Limited; Bankrupt: Lena May Godbout
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 September 2019
Procedural Posture
Bankruptcy and Insolvency / Decision (registrar)
Outcome
Registrar affirmed Trustee's treatment and issued order as drafted; vehicle not exempt and Trustee entitled to realize value; debtor to satisfy outstanding administration amount.
Legal Topics
Vehicle Exemption, PPSA S.59, Judicature Act S.45, PMSI Vs Non PMSI, Trustee Realization
Source Language
english
Bankruptcy and Insolvency Personal Property Security Property Law Vehicle Exemption PPSA S.59 Judicature Act S.45 PMSI Vs Non PMSI Trustee Realization

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Parties

Grant Thornton Limited

Trustee

Lena May Godbout

Bankrupt

Procedural Posture

Bankruptcy and Insolvency / Decision (registrar)

Legal Issues

  1. 1 Whether a bankrupt may claim an exemption for a vehicle under Nova Scotia law
  2. 2 Interaction between Judicature Act exemptions and PPSA s.59
  3. 3 Effect of perfected, imperfect and no security on vehicle exemption

Ratio Decidendi

Vehicle exemptions in Nova Scotia depend on (1) debtor residence and vehicle use, (2) vehicle value bands, and (3) existence and perfection/type of security; where a vehicle is owned outright, valued over $3,000, and the PPSA/Judicature Act exemptions do not apply (as here because of reasonable public transportation), the vehicle is not exempt and the Trustee is entitled to realize its value for the estate.

Court Disposition

Registrar affirmed Trustee's treatment and issued order as drafted; vehicle not exempt and Trustee entitled to realize value; debtor to satisfy outstanding administration amount.

Orders

  • Order issued as drafted by the Trustee and affirmed by the Court
  • Trustee authorized to realize the vehicle and apply proceeds to the estate