Man Kin Ng (Re)
- Citation
- 2026 ONCA 319
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Court of Appeal for Ontario
- Decision
- 4 May 2026
- Posture
- Civil (bankruptcy) / Appeal From Order of the Superior Court of Justice (justice Peter J. Cavanagh) Dated July 22, 2025
- Language
- English
More details
- Court
- Court of Appeal for Ontario
- Decision
- 4 May 2026
- Posture
- Civil (bankruptcy) / Appeal From Order of the Superior Court of Justice (justice Peter J. Cavanagh) Dated July 22, 2025
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The motion judge acted within his statutory discretion under the Bankruptcy and Insolvency Act in imposing a monetary condition of approximately $13.6 million and other conditions; there was no error in principle or in the exercise of discretion on the record, so the appeal is dismissed.
Court disposition
Appeal dismissed; motion judge's conditional discharge order upheld.
Orders
- Appeal dismissed
- Order discharging the appellant conditional on payment of approximately $13,600,000 into his bankruptcy estate and compliance with the other conditions imposed by the motion judge
- Appellant to pay costs to the trustee in the amount of $15,000 All Inclusive
- Order of the Superior Court of Justice dated July 22, 2025 is upheld
02
Material facts
Parties
Gary Man Kin Ng
Appellant Counsel: self-representedKSV Restructuring Inc., in its capacity as trustee in bankruptcy of Gary Man Kin Ng
Respondent Counsel: Mitch Stephenson and Julia ChungAmounts and remedies
- Monetary Condition for Discharge: CAD 13,600,000
- Costs Awarded to Trustee: CAD 15,000
03
Procedural history
Posture
Civil (bankruptcy) / Appeal From Order of the Superior Court of Justice (justice Peter J. Cavanagh) Dated July 22, 2025
04
Questions and positions
Legal issues
- 01
Whether the motion judge erred in imposing a monetary condition (approximately $13.6 million) for discharge without evidence the appellant could satisfy it
- 02
Whether other conditions imposed on the discharge were improper
- 03
Whether the motion judge exceeded or misapplied his discretion under the Bankruptcy and Insolvency Act
Party arguments
- Applicant
- The appellant argued it was improper to impose a monetary condition for discharge given there is no evidence he can meet it and challenged the other conditions imposed by the motion judge.
- Respondent
- The trustee argued the monetary and other conditions were within the motion judge's discretion under the Bankruptcy and Insolvency Act, were justified on the record, and that the motion judge made no error in principle; the trustee sought costs.
05
Court’s reasoning
Legal principles
- 01
Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3
A court may impose conditions on the discharge of a bankrupt, including monetary conditions, under the Bankruptcy and Insolvency Act.
- 02
Appellate review principles / case law
An appellate court will not interfere with a motion judge's discretionary decision absent an error in principle, misapprehension of evidence, or a palpable and overriding error.
06
Ratio, limits and disposition
Ratio decidendi
The motion judge acted within his statutory discretion under the Bankruptcy and Insolvency Act in imposing a monetary condition of approximately $13.6 million and other conditions; there was no error in principle or in the exercise of discretion on the record, so the appeal is dismissed.
Court disposition
Appeal dismissed; motion judge's conditional discharge order upheld.
- Appeal dismissed
- Order discharging the appellant conditional on payment of approximately $13,600,000 into his bankruptcy estate and compliance with the other conditions imposed by the motion judge
- Appellant to pay costs to the trustee in the amount of $15,000 All Inclusive
- Order of the Superior Court of Justice dated July 22, 2025 is upheld
Source and reliance status
Court of Appeal for Ontario · 4 May 2026
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of Appeal for Ontario
Judgment· 4 May 2026
Man Kin Ng (Re) Collection Decisions of the Court of Appeal Date 2026-05-04 Neutral citation 2026 ONCA 319 Docket numbers COA-25-CV-1146 Judges Miller, Bradley; Favreau, Lise G.; Rahman, Moiz Subject Civil Decision Content
COURT OF APPEAL FOR ONTARIO CITATION: Man Kin Ng (Re), 2026 ONCA 319 DATE: 20260504 DOCKET: COA-25-CV-1146 Miller, Favreau and Rahman JJ.A. In the Matter of the Bankruptcy of Gary Man Kin Ng, of the City of Toronto, in the Province of Ontario Gary Man Kin Ng, acting in person Mitch Stephenson and Julia Chung, for the respondent, KSV Restructuring Inc., in its capacity as trustee in bankruptcy of Gary Man King Ng Heard and rendered orally: May 1, 2026 On appeal from the order of Justice Peter J. Cavanagh of the Superior Court of Justice, dated July 22, 2025.
REASONS FOR DECISION [1] The appellant appeals an order discharging him as a bankrupt if he meets certain conditions, including paying approximately $13.6 million into his bankruptcy estate. He argues that it was improper for the motion judge to impose this monetary condition given that there is no evidence he can fulfill it. He also challenges other conditions imposed by the motion judge. [2] We see no error in the motion judge’s order. He made no error in principle in imposing this monetary condition and it fell within his discretionary powers under the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3. The condition was fully justified on the record and in the circumstances of this case. We also see no error in the other conditions imposed. [3] The appeal is dismissed. [4] The appellant is to pay costs to the trustee in the amount of $15,000 all inclusive. “B.W. Miller J.A.” “L. Favreau J.A.” “M. Rahman J.A.”
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.