Canada Judgment

Court of Appeal for Ontario

Man Kin Ng (Re)

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Source document

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-represented

KSV Restructuring Inc., in its capacity as trustee in bankruptcy of Gary Man Kin Ng

Respondent Counsel: Mitch Stephenson and Julia Chung

Amounts and remedies

  • Monetary Condition for Discharge: CAD 13,600,000
  • Costs Awarded to Trustee: CAD 15,000

03

Procedural history

  1. 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

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

  1. 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.

  2. 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

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Judgment reading view

Judgment text

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Source document

Court of Appeal for Ontario

Judgment· 4 May 2026

2026 ONCA 319

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.”

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3

Legislation

Legislation referenced in the available case record.

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