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Family law 2024 BCSC 1248

Saran v. Brar

Kootenay Savings Credit Union sought full party status in a family law case to protect its judgment debt. The court refused joinder, but granted limited participation and procedural directions.

  • Joinder/addition of parties
  • Creditor intervention in family proceedings
  • Fraudulent conveyance
  • Trial management
  • Disclosure and cross-examination
  • Costs
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Insolvency 2011 BCSC 1671

Blackburn Developments Ltd. (Re)

In a CCAA proceeding, the court dismissed an application to disallow Streetwise's votes against the proposed plan and extended the stay of proceedings.

  • Ccaa
  • Vote disallowance
  • Plan of arrangement
  • Assignments of claims
  • Stay extension
  • Bad faith
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Insolvency 2011 NSSC 306

Scanwood Canada Ltd. (Re)

The application for a further 30‑day extension was denied because, notwithstanding that Scanwood had acted in good faith, the applicant failed to establish that an extension was appropriate: the Monitor opposed the extension, the revised manufacturing model was presented too late and unvetted to show a realistic prospect of attracting equity within the short timeframe, the company may soon require DIP financing, and the evidence indicated no reasonable prospect of a viable restructuring within the extension period such that granting an extension would risk prejudicing secured creditors.

  • Ccaa
  • Stay extension
  • Receivership
  • Monitor's powers
  • Rehabilitation vs liquidation
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Corporate insolvency 2008 BCSC 368

Pine Valley Mining Corporation (Re)

The court held Neptune’s 2006 take-or-pay amount was not a post-filing claim under the CCAA Plan, but it allowed Neptune’s full termination damages claim.

  • Post-filing claim vs pre-filing claim
  • Take-or-pay contractual obligations
  • Repudiation/termination damages
  • Mitigation of damages
  • Monitor's role and deference
  • Treatment of claims under plan of arrangement
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Bankruptcy and insolvency 2007 BCSC 624

Karim (Re)

The court refused Mr. Karim’s discharge from bankruptcy after finding frivolous and vexatious defences and delay, and held it could not order direct conditional payments to the creditor.

  • Discharge from bankruptcy
  • Conditional discharge
  • Refusal of discharge
  • Trustee payments
  • Delay and abusive litigation
  • Bankruptcy-discharge
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Bankruptcy and insolvency 2005 BCSC 1245

In the Matter of the Proposal of Peter Bartkowski

The court adjourned approval of a bankruptcy proposal to let the creditor get legal advice and required further financial disclosure from the debtor.

  • Proposal approval under bia s.58
  • Creditor voting and withdrawal
  • Disclosure of debtor financial circumstances
  • Adjournment for further evidence
  • Bankruptcy-proposal-approval
  • Creditor-voting
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Probate law 2003 NSSC 66

Mike's Laundromat Ltd.v. Buns and Son Realty Ltd.

The application was dismissed because the applicant had no judgment against the estate, the estate account was not covered by the execution order, and the applicant must pursue its entitlement through the Probate Act rather than by seizing funds administered by personal representatives.

  • Execution order
  • Estate administration
  • Probate act priorities
  • Amendment of style of cause
  • Seizure of estate funds
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Bankruptcy and insolvency 2003 BCSC 58

Hannah

Hannah (Bankruptcy of)

Court granted a conditional discharge in bankruptcy, requiring Monte Arthur Hannah to pay $90,000 to the trustee after unresolved issues about funds and surplus income.

  • Discharge of bankrupt
  • Surplus income
  • Trustee s.170 report
  • Onus to explain under s.173 bia
  • Conditional discharge
  • Asset disposition and concealment
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Insolvency 2001 BCSC 1423

Skeena Cellulose Inc. (Re)

The court extended Skeena Cellulose’s CCAA stay for 30 days, finding the restructuring efforts and ongoing purchaser discussions justified continued protection.

  • Stay extension
  • Ccaa s.11(6)
  • Good faith and due diligence
  • Sale of shares as restructuring
  • Economic impact on stakeholders
  • Ccaa-stay-extension
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Corporate insolvency 2001 BCSC 1224

The Companies' Creditors Arrangement Act and Cardlink Worldwide, Inc. (Re)

The court sanctioned Cardlink Worldwide Inc.’s amended CCAA reorganization plan, rejecting objections about creditor approval, fairness, releases, and an alternate plan.

  • Sanction of reorganization plan
  • Creditor voting and class composition
  • Release of directors and officers
  • Valuation and allowance of claims
  • Extraterritorial recognition of orders
  • Court discretion to allow alternate plans
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.