Little (Re)

Little (Re)

The court granted annulment because the Administrator established the certificate of full performance had been issued in error and it was appropriate to annul it notwithstanding irregularities in the service timeline; the application for leave to file a second consumer proposal was adjourned sine die because the applicant failed to meet the s.66.32 threshold by providing insufficient evidence (no reasonable explanation for the default, no adequate demonstration of a reasonable prospect of acceptance, and inadequate disclosure on income, assets, debts, timing and good faith).

Citation
2020 NSSC 366
Parties
Administrator: Grant Thornton Limited; Consumer Debtor: Wayne Fredrick Little; Consumer Debtor: Diana Beverly Little
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 December 2020
Procedural Posture
Bankruptcy and Insolvency Consumer Proposal / Application (annulment of Certificate of Full Performance; Leave to File Second Consumer Proposal)
Outcome
Annulment granted; application for leave to file second consumer proposal adjourned without day.
Legal Topics
Consumer Proposal, Annulment of Certificate of Full Performance, Leave to File Second Consumer Proposal, Service of Process, Natural Justice, Adjournment
Source Language
English
Bankruptcy and Insolvency Insolvency Civil Procedure Consumer Proposal Annulment of Certificate of Full Performance Leave to File Second Consumer Proposal Service of Process Natural Justice +1 more

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Parties

Grant Thornton Limited

Administrator

Wayne Fredrick Little

Consumer Debtor

Diana Beverly Little

Consumer Debtor

Procedural Posture

Bankruptcy and Insolvency Consumer Proposal / Application (annulment of Certificate of Full Performance; Leave to File Second Consumer Proposal)

Legal Issues

  1. 1 Whether the certificate of full performance was issued in error and may be annulled
  2. 2 Whether service and notice are required for annulment of a certificate of full performance
  3. 3 Whether leave should be granted to file a second consumer proposal under BIA s.66.32

Ratio Decidendi

The court granted annulment because the Administrator established the certificate of full performance had been issued in error and it was appropriate to annul it notwithstanding irregularities in the service timeline; the application for leave to file a second consumer proposal was adjourned sine die because the applicant failed to meet the s.66.32 threshold by providing insufficient evidence (no reasonable explanation for the default, no adequate demonstration of a reasonable prospect of acceptance, and inadequate disclosure on income, assets, debts, timing and good faith).

Court Disposition

Annulment granted; application for leave to file second consumer proposal adjourned without day.

Orders

  • Annulment of the certificate of full performance granted
  • Application for leave to file a second consumer proposal adjourned without day