MLA Northern Contracting Ltd. v. LeBrun

MLA Northern Contracting Ltd. v. LeBrun

The appeal fails because the trustee never determined the claimed interest was incapable of realization and the settlement indicates it was capable of realization; furthermore the appellant's unsupported, unparticularized assertion about the trustee's alleged oral advice did not raise a genuine issue for trial, so summary judgment was properly granted.

Citation
2008 ONCA 339
Parties
Plaintiff (respondent): MLA Northern Contracting Ltd.; Defendants (appellants): Robert LeBrun and Susan LeBrun; Plaintiffs by Counterclaim (appellants): Robert LeBrun and Susan LeBrun; Defendants to the Counterclaim (respondents): MLA Northern Contracting Ltd.; 1561286 Ontario Ltd.; 1561287 Ontario Ltd.; Marcel R. Jean; Christopher L. Jean; Andy R. Christian; Plaintiff by Counterclaim (respondents): BDO Dunwoody Limited, the Trustee in Bankruptcy in the estate of ROBERT PHILIP LEBRUN; Defendants to the Counterclaim (appellant/respondents): Robert LeBrun also known as Robert Philip LeBrun; MLA Northern Contracting Ltd.; 1490257 Ontario Ltd.; 1561286 Ontario Ltd.; 1561287 Ontario Ltd.; Marcel R. Jean; Christopher L. Jean; Andy R. Christian
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
1 May 2008
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Bankruptcy Trustee, Property in Bankruptcy, Settlement Agreement, Disclosure Obligations
Source Language
English
Bankruptcy and Insolvency Civil Procedure Contract Summary Judgment Bankruptcy Trustee Property in Bankruptcy Settlement Agreement Disclosure Obligations

Case Brief

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Parties

MLA Northern Contracting Ltd.

Plaintiff (respondent)

Robert LeBrun and Susan LeBrun

Defendants (appellants)

Robert LeBrun and Susan LeBrun

Plaintiffs by Counterclaim (appellants)

MLA Northern Contracting Ltd.; 1561286 Ontario Ltd.; 1561287 Ontario Ltd.; Marcel R. Jean; Christopher L. Jean; Andy R. Christian

Defendants to the Counterclaim (respondents)

BDO Dunwoody Limited, the Trustee in Bankruptcy in the estate of ROBERT PHILIP LEBRUN

Plaintiff by Counterclaim (respondents)

Robert LeBrun also known as Robert Philip LeBrun; MLA Northern Contracting Ltd.; 1490257 Ontario Ltd.; 1561286 Ontario Ltd.; 1561287 Ontario Ltd.; Marcel R. Jean; Christopher L. Jean; Andy R. Christian

Defendants to the Counterclaim (appellant/respondents)

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether Mr. LeBrun is entitled to the return of his claimed interest in MLA under s.40(1) of the Bankruptcy and Insolvency Act
  2. 2 Whether the trustee had determined the claimed interest was incapable of realization
  3. 3 Whether Mr. LeBrun raised a genuine issue for trial by alleging the trustee told him he need not disclose the interest

Ratio Decidendi

The appeal fails because the trustee never determined the claimed interest was incapable of realization and the settlement indicates it was capable of realization; furthermore the appellant's unsupported, unparticularized assertion about the trustee's alleged oral advice did not raise a genuine issue for trial, so summary judgment was properly granted.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs fixed in the agreed amount of $9,000 all inclusive.