Canada Case Law

Jedynak (re)

Court

Supreme Court of Nova Scotia

For non‑surrendered non‑exempt assets that have appreciated due to market forces, the correct valuation date is the dispositive discharge hearing (usually yielding the higher of the at‑bankruptcy and at‑discharge values); secured debt is to be measured as at the date of bankruptcy (no credit for principal repayments post‑bankruptcy); trustee to calculate notional equity using established matrix and the bankrupt must repurchase or surrender before discharge is reconsidered.

Source excerpt

• Valuation date
• Vesting of property
• Surplus income (s.68)
• Mortgage paydown treatment
• Discharge conditions
• Trustee duties

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Southern Star Developments Ltd. v. Quest University Canada

Court

British Columbia Court of Appeal

Leave to appeal and a stay were dismissed in a CCAA proceeding involving Quest University’s restructuring, disclaimers of subleases, and a reverse vesting order.

• Companies' creditors arrangement act
• Disclaimer of leases
• Reverse vesting order
• Judicial discretion and deference
• Stay pending appeal
• Vesting of property

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Barter (Re)

Court

Supreme Court of British Columbia

On a contested bankruptcy discharge, the court held the trustee had not clearly communicated a claim to non-exempt equity and granted Raymond Kevin Barter an absolute discharge.

• Discharge
• Vesting of property
• Non-exempt equity
• Trustee communication and conduct
• Registration of assignment
• Sale of bankrupt's property

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Koenne (Re)

Court

Court of Appeal for Ontario

Estoppel did not apply because there was no evidence of any representation by the trustee that it would not assert its statutory rights and no evidence the bankrupt changed his position in reliance on any representation; therefore the trustee is entitled to a declaration that the bankrupt's interest in his father's estate vested in the trustee and to costs of $4,700 payable out of the estate.

Source excerpt

• Vesting of property
• Discharge
• Estoppel
• Trustee's rights
• Inheritance

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Chan v. Tam

Court

Supreme Court of British Columbia

Divorce, sole custody, retroactive spousal and child support, and property division were ordered after the father failed to appear and had made minimal contributions.

• Divorce
• Custody
• Guardianship
• Retroactive spousal support
• Child support arrears
• Equalization of family assets

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In the Matter of the Bankruptcy of Gwendolyn Joan Millin

Court

Supreme Court of British Columbia

The court held that proceeds from the sale of real property were not “total income” under s. 68 of the Bankruptcy and Insolvency Act and vested in the trustee.

• Vesting of property
• Definition of total income under s.68
• Exempt property
• Trust funds
• S.71 vesting
• Bankruptcy

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B.J.L. v. J.R.D.L.

Court

Supreme Court of British Columbia

The court varied spousal support upward, ordered a retroactive lump sum, and directed sale and equal division of property with a credit for mortgage principal reduction.

• Spousal maintenance
• Child maintenance
• Division of family assets
• Vesting of property
• Priority of judgment lien
• Security for maintenance

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Blitz v. Blitz

Court

Supreme Court of British Columbia

Court held it lacked jurisdiction and evidence to make substantive orders over foreign assets; most motion requests were adjourned and fee-variation requests dismissed.

• Asset disclosure
• Vesting of property
• Receivership
• Jurisdiction / judge seized
• Enforcement of monetary judgment
• Solicitor fees and estate administration

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Victoria, City of v. University of Victoria

Court

Supreme Court of Canada

The Supreme Court of Canada upheld a tax exemption for university-owned land leased to commercial tenants, reading the statutory language broadly.

• Tax exemption of university property
• Vesting of property
• Leases to third parties
• Interpretation of universities act s.40
• Tax-exemption
• Statutory-interpretation

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Elliott v. Canadian Credit Men's Trust Assn. Ltd.

Court

Supreme Court of Canada

Appeal dismissed: a bankruptcy trustee was not personally liable to indemnify a prior registered owner for mortgage liabilities on land vested by statute.

• Trustee indemnity
• Bankruptcy trustee liability
• Vesting of property
• Mortgage covenant
• Equitable indemnity
• Bankruptcy-and-insolvency

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