McCurdy (Re)

McCurdy (Re)

Under Superintendent's Directive No. 12, paragraph 5(2), a trustee may only exercise the authority to grant a discharge within the 21 month period; if compliance with the conditional discharge does not occur within that period a court application for discharge is required.

Citation
2006 NSSC 312
Parties
Bankrupt: Stephen James McCurdy; Trustee: WBLI Incorporated; Regulator: Office of the Superintendent; Judge: Richard W. Cregan, Q.C.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 October 2006
Procedural Posture
Bankruptcy and Insolvency / Addendum to Decision (post Judgment Clarification)
Outcome
Addendum issued correcting earlier decision: trustee does not have authority to grant discharge after the 21 month period prescribed by Superintendent's Directive No. 12; court application required if conditional discharge not complied with within that period.
Legal Topics
Discharge, Trustee Authority, Superintendent's Directive No. 12, Certificate of Discharge, Jurisdiction
Source Language
English
Bankruptcy and Insolvency Administrative Law Discharge Trustee Authority Superintendent's Directive No. 12 Certificate of Discharge Jurisdiction

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Parties

Stephen James McCurdy

Bankrupt

WBLI Incorporated

Trustee

Office of the Superintendent

Regulator

Richard W. Cregan, Q.C.

Judge

Procedural Posture

Bankruptcy and Insolvency / Addendum to Decision (post Judgment Clarification)

Legal Issues

  1. 1 Whether a trustee retains authority to grant a certificate of discharge after the 21 month period set out in Superintendent's Directive No. 12
  2. 2 Whether failure to comply with a conditional discharge within 21 months requires a court application for discharge

Ratio Decidendi

Under Superintendent's Directive No. 12, paragraph 5(2), a trustee may only exercise the authority to grant a discharge within the 21 month period; if compliance with the conditional discharge does not occur within that period a court application for discharge is required.

Court Disposition

Addendum issued correcting earlier decision: trustee does not have authority to grant discharge after the 21 month period prescribed by Superintendent's Directive No. 12; court application required if conditional discharge not complied with within that period.

Orders

  • Addendum correcting paragraphs 12 and 13 of the April 18, 2006 decision issued October 18, 2006.
  • Trustee must apply to the court for discharge if the conditional order is not complied with within 21 months as required by Superintendent's Directive No. 12.