Cole (Re)

Cole (Re)

Absolute discharge granted because the bankrupt lacked present ability to make conditional payments, her conduct was not wilfully dishonest but the product of serious personal misfortune, the potential personal injury award was not yet an asset and may never materialize, and the trustee retains remedies under s.68...

Source-derived case information.

Citation
2001 NSSC 204
Parties
Trustee: Goodman Associates Inc.; Bankrupt: Elizabeth Marie Cole; Creditor: Canada Customs and Revenue Agency
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 August 2001
Procedural Posture
Bankruptcy / Discharge Application — Decision
Outcome
Discharge granted; absolute (no conditions)
Legal Topics
Discharge, Conditional Discharge, Section 68 BIA, Income Tax Arrears, Exempt Assets, Trustee Fees, Consent to Judgment
Source Language
english
Bankruptcy and Insolvency Taxation Civil Procedure Personal Injury / Exempt Assets Discharge Conditional Discharge Section 68 BIA Income Tax Arrears +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 21 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Goodman Associates Inc.

Trustee

Elizabeth Marie Cole

Bankrupt

Canada Customs and Revenue Agency

Creditor

Procedural Posture

Bankruptcy / Discharge Application — Decision

Legal Issues

  1. 1 Whether to adjourn discharge to assess future income
  2. 2 Whether a potential future personal injury award is an exempt asset relevant to conditional discharge
  3. 3 Whether to impose a conditional discharge because of substantial income tax debt

Ratio Decidendi

Absolute discharge granted because the bankrupt lacked present ability to make conditional payments, her conduct was not wilfully dishonest but the product of serious personal misfortune, the potential personal injury award was not yet an asset and may never materialize, and the trustee retains remedies under s.68 so delay or conditional orders were unnecessary.

Court Disposition

Discharge granted; absolute (no conditions)

Orders

  • Discharge granted without conditions; absolute discharge pursuant to s.173(1)(a) BIA
  • Trustee may apply under section 68 BIA in future if income attributable to pre- or post-assignment periods is received