Asian Concepts Franchising Corporation (Re)

Asian Concepts Franchising Corporation (Re)

The court has jurisdiction to remit the appeal to the trustee for a fresh determination because the trustee had not adjudicated the claimant's proof of claim on the merits in light of the new evidence; remittal respects the procedural scheme of the Bankruptcy and Insolvency Act and preserves appeal rights.

Citation
2014 BCSC 1975
Parties
Trustee: Grant Thornton; Debtor/proponent: Asian Concepts Franchising Corporation; Creditor/applicant: Adrenaline Drive Inc.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 October 2014
Procedural Posture
Bankruptcy and Insolvency / Appeal From Trustee's Disallowance of Claim; Remitted to Trustee for Reconsideration
Outcome
Appeal adjourned and remitted to the trustee for reconsideration in light of fresh evidence; timelines imposed; court remains seized.
Legal Topics
Proofs of Claim, Fresh Evidence, Remittal to Trustee, Trustee Adjudication, Conflict of Counsel, Costs and Timelines
Source Language
English
Bankruptcy Insolvency Civil Procedure Proofs of Claim Fresh Evidence Remittal to Trustee Trustee Adjudication Conflict of Counsel +1 more

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Parties

Grant Thornton

Trustee

Asian Concepts Franchising Corporation

Debtor/proponent

Adrenaline Drive Inc.

Creditor/applicant

Procedural Posture

Bankruptcy and Insolvency / Appeal From Trustee's Disallowance of Claim; Remitted to Trustee for Reconsideration

Legal Issues

  1. 1 Whether the court may remit the matter to the trustee to consider fresh evidence
  2. 2 Whether the trustee had adjudicated the creditor's claim on the merits
  3. 3 Whether an adjournment is required due to a potential counsel conflict

Ratio Decidendi

The court has jurisdiction to remit the appeal to the trustee for a fresh determination because the trustee had not adjudicated the claimant's proof of claim on the merits in light of the new evidence; remittal respects the procedural scheme of the Bankruptcy and Insolvency Act and preserves appeal rights.

Court Disposition

Appeal adjourned and remitted to the trustee for reconsideration in light of fresh evidence; timelines imposed; court remains seized.

Orders

  • Adrenaline to provide all materials to the trustee by October 21, 2014.
  • Trustee to gather evidence and provide it to Adrenaline along with any concerns by November 4, 2014.