Thow (Re)

Thow (Re)

The warrant was not set aside because the trustee complied with statutory requirements, made full and frank disclosure material to issuance, and the applicant failed to produce sufficient evidence to rebut the trustee's affidavits and RCMP information; material errors, if any, were not shown to be deliberate or dispositive.

Citation
2009 BCSC 1190
Parties
Trustee in Bankruptcy and Interim Receiver: Wolrige Mahon Limited; Bankrupt / Applicant: Ian Gregory Thow
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 August 2009
Procedural Posture
Bankruptcy and Insolvency Act Application / In Chambers Application to Vacate Arrest Warrant
Outcome
Application dismissed; warrant not vacated
Legal Topics
Warrant Under S.168 BIA, Search and Seizure S.189 BIA, Ex Parte Disclosure / Full and Frank Disclosure, Setting Aside Warrants, Cross‑border Bankruptcy Cooperation
Source Language
English
Bankruptcy Insolvency Civil Procedure Evidence Warrant Under S.168 BIA Search and Seizure S.189 BIA Ex Parte Disclosure / Full and Frank Disclosure Setting Aside Warrants +1 more

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Parties

Wolrige Mahon Limited

Trustee in Bankruptcy and Interim Receiver

Ian Gregory Thow

Bankrupt / Applicant

Procedural Posture

Bankruptcy and Insolvency Act Application / In Chambers Application to Vacate Arrest Warrant

Legal Issues

  1. 1 Whether the September 9, 2005 warrant issued under s.168 BIA should be vacated
  2. 2 Whether the trustee made full and frank disclosure to obtain the warrant
  3. 3 Whether statutory requirements for issuance of the warrant were satisfied

Ratio Decidendi

The warrant was not set aside because the trustee complied with statutory requirements, made full and frank disclosure material to issuance, and the applicant failed to produce sufficient evidence to rebut the trustee's affidavits and RCMP information; material errors, if any, were not shown to be deliberate or dispositive.

Court Disposition

Application dismissed; warrant not vacated

Orders

  • Application to set aside the September 9, 2005 warrant for the arrest of Ian Gregory Thow is dismissed