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The Supreme Court held that Alberta’s licence-suspension scheme was inoperative to the extent it enforced a bankruptcy-discharged debt, due to federal paramountcy.
The court held the jury's findings and the respondent's criminal conviction established that the respondent intended to inflict bodily harm; intention may be inferred from the circumstances (a single unprovoked punch causing unconsciousness and severe injury); therefore the civil award falls within s.178(1)(a.1) BIA and survives the bankrupt's discharge; no additional requirement for 'concerted' or 'egregious' conduct is imposed by the statute.
Source excerpt
A s.38(1) order authorizes a creditor to pursue the trustee’s claims and such proceedings are not a collateral attack on a bankrupt’s discharge or on a prior dismissal under s.178(2) BIA; accordingly the 2008 action was not an abuse of process and was not barred by res judicata or issue estoppel. Additionally, security for costs should not be ordered against counsel acting on contingency absent exceptional circumstances.
Source excerpt
The Court of Appeal dismissed an application to delete a costs provision from a settled order, holding the bankruptcy-discharge issue was not properly before it.
Appeal in bankruptcy discharge terms allowed where a tort judgment debtor sought discharge after wilful and wanton misconduct caused the bankruptcy.
The Supreme Court held that a pre-bankruptcy wage assignment became unenforceable after the debtor’s unconditional discharge where the creditor had not proved its claim.
The Supreme Court of Canada held that only the non-exempt portion of after-acquired salary vests in a trustee and upheld a conditional discharge in bankruptcy.
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