Canada Case Law

Sirois (Re)

Court

Supreme Court of British Columbia

The court refused to revoke the inspector and dismissed the applications to examine the trustee and for declaratory/ethical relief because the contested proceedings did not involve the bankrupt estate as required by s.116(2), the proposed trustee examination was a fishing expedition not properly tied to estate administration under s.163(2), and the bankrupt failed to show lack of good faith under s.4.2(2) or misuse under the Code of Ethics; however, the trustee was ordered to make available specified non-privileged categories of documents for review within 21 days with redactions to protect p…

Source excerpt

• Inspector appointment
• Trustee examination
• Inspection of records
• Disclosure and confidentiality
• Discharge from bankruptcy
• Conflict of interest

Read case analysis

Jedynak v. Myers

Court

Supreme Court of Nova Scotia

The Registrar did not err: the bankrupt was not entitled to service of all documents at a discharge hearing because the Trustee acts on behalf of the bankrupt and property vests in the Trustee; CPR 55 is not applicable to discharge hearings under the BIA and expert materials could be admitted with weight assessed by the Registrar; the appellant's motion to admit fresh evidence was denied and the appeal was dismissed.

Source excerpt

• Discharge from bankruptcy
• Admission of fresh evidence on appeal
• Notice and procedural fairness
• Admissibility of expert evidence
• Application of court rules to bia proceedings
• Standard of review of registrar decisions

Read case analysis

Thrush (Re)

Court

Supreme Court of British Columbia

The court granted Bruce Gordon Junior Thrush a discharge from bankruptcy, but suspended it for 30 days, finding rehabilitation and no basis to refuse discharge.

• Discharge from bankruptcy
• Student loan dischargeability
• Suspension of discharge
• Trustee opposition and non-disclosure
• Bankruptcy-discharge
• Student-loan-debt

Read case analysis

Penko (Re)

Court

Supreme Court of British Columbia

The court dismissed a bankrupt’s discharge application, finding prior section 173 BIA factors and OPCA-style conduct showed she had not been rehabilitated.

• Discharge from bankruptcy
• Opca conduct
• Enforcement of securities sanctions
• Conditional and suspended discharge
• Section 173 bia factors
• Bankruptcy-discharge

Read case analysis

Poonian v. British Columbia (Securities Commission)

Court

British Columbia Court of Appeal

The Court of Appeal dismissed the Poonians’ appeal, holding their securities commission debts were not discharged in bankruptcy because they fell within s. 178(1)(e) of the BIA.

• Discharge from bankruptcy
• S.178 bia exemptions
• Fraudulent misrepresentation
• Registration of tribunal decisions as judgments
• Disgorgement
• Market manipulation

Read case analysis

Vitic (Re)

Court

Supreme Court of British Columbia

A conditional discharge was granted in a tax-driven bankruptcy, with payments set at $75,000 in monthly instalments of at least $500, plus tax compliance terms.

• Discharge from bankruptcy
• Tax-driven bankruptcy
• Conditional discharge
• Tax compliance
• Exempt rrsps
• Bankruptcy-discharge

Read case analysis

Shaver-Kudell Manufacturing Inc. v. Knight Manufacturing Inc.

Court

Court of Appeal for Ontario

The court held s.178(1)(e) requires that the creditor’s debt or liability have resulted from the bankrupt having obtained property or services by deceitful statements (false pretences) that induced reliance; the trial record did not establish such deceitful statements as the source of the liability (lying at discovery and misappropriation of trade secrets without evidence of deceitful inducement do not satisfy s.178(1)(e)); the motion judge’s declaration that s.178(1)(e) applied was set aside and the stay under the BIA was varied to permit quantification and injunctive/return-of-equipment rel…

Source excerpt

• Discharge from bankruptcy
• False pretences
• Fraudulent misrepresentation
• Trade secret misappropriation
• Stay of proceedings
• Section 178 bia

Read case analysis

Bergen (Re)

Court

Supreme Court of British Columbia

Bankrupt Jacob Elias Bergen was granted discharge subject to paying $2,800 in monthly instalments of $140, after findings of asset nondisclosure and other bankruptcy defaults.

• Discharge from bankruptcy
• Failure to disclose assets
• Conditional discharge
• Trusts and family trusts
• Section 158 bia
• Section 172 and 173 bia

Read case analysis

Poonian v. British Columbia (Securities Commission)

Court

British Columbia Court of Appeal

Appeal dismissed from refusal of bankruptcy discharge. The court held the master made no reviewable error in treating the appellants’ misconduct and public interest as decisive.

• Discharge from bankruptcy
• S.172 bia
• S.173(1)(a) fifty cents on the dollar rule
• Disgorgement
• Administrative penalties
• Rehabilitation of bankrupts

Read case analysis

Poonian v. British Columbia (Securities Commission)

Court

British Columbia Court of Appeal

The Court of Appeal held leave to appeal was unnecessary because the proposed bankruptcy appeal lay as of right under s. 193 of the BIA, and it declined to limit the grounds at this stage.

• Discharge from bankruptcy
• S.178(1) bia excluding debts from discharge
• S.193 bia appeals as of right
• Administrative penalties
• Disgorgement
• Charter s.7 and s.12 challenge

Read case analysis