Meredith (Re)

Meredith (Re)

Registration of the Crown's certificate in the Judgment Roll pursuant to the Nova Scotia Land Registration Act constitutes registration under a 'prescribed system of registration' for the purposes of s.87(1) BIA and therefore the CRA's certificate creates a valid secured claim in the bankruptcy.

Citation
2018 NSSC 153
Parties
Debtor: Griffith Thomas Meredith; Trustee: Powell & Associates Ltd.; Creditor/respondent: Canada Revenue Agency / Attorney General of Canada
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 June 2018
Procedural Posture
Bankruptcy / Decision on Motion Re Notice of Disallowance (secured Claim Status)
Outcome
The Court found the CRA's obligation to be a secured obligation and dismissed the Trustee's disallowance as to the secured portion of the claim.
Legal Topics
Secured Claim, Prescribed System of Registration, Registration of Crown Security, Interpretation of S.87 BIA, ITA S.223(11.1)
Source Language
English
Bankruptcy and Insolvency Tax Law Property Law/registration Secured Claim Prescribed System of Registration Registration of Crown Security Interpretation of S.87 BIA ITA S.223(11.1)

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Parties

Griffith Thomas Meredith

Debtor

Powell & Associates Ltd.

Trustee

Canada Revenue Agency / Attorney General of Canada

Creditor/respondent

Procedural Posture

Bankruptcy / Decision on Motion Re Notice of Disallowance (secured Claim Status)

Legal Issues

  1. 1 Whether CRA's registration in the Judgment Roll under Nova Scotia's Land Registration Act constitutes registration under a 'prescribed system of registration' for the purposes of s.87(1) of the BIA
  2. 2 Whether a Crown certificate registered in the Judgment Roll satisfies the requirements of ss.223(5),(6) and 223(11.1) of the ITA to be deemed a secured claim

Ratio Decidendi

Registration of the Crown's certificate in the Judgment Roll pursuant to the Nova Scotia Land Registration Act constitutes registration under a 'prescribed system of registration' for the purposes of s.87(1) BIA and therefore the CRA's certificate creates a valid secured claim in the bankruptcy.

Court Disposition

The Court found the CRA's obligation to be a secured obligation and dismissed the Trustee's disallowance as to the secured portion of the claim.

Orders

  • The Canada Revenue Agency's claim described as 'secured' in the amount of $29,693.50 is declared a secured claim for the purposes of the bankruptcy; the Trustee's Notice of Disallowance as to that secured claim is dismissed.