CANADA
PROVINCE OF NOVA SCOTIA
COURT NO. 28149
IN THE SUPREME COURT OF NOVA SCOTIA
IN BANKRUPTCY AND INSOLVENCY
Citation: Brookville Carriers Flatbed GP Inc. v
Blackjack Transport Ltd., 2005 NSSC 234
Date: August 19, 2005
Docket: B 28149 & S.H. 240198
Registry: Halifax
IN THE MATTER OF THE PROPOSAL OF
JASON WAYNE JENKINS
- and -
2005 S. H. 240198
IN THE SUPREME COURT OF NOVA SCOTIA
BETWEEN:
BROOKVILLE CARRIERS FLATBED GP INC.
PLAINTIFF
- and -
BLACKJACK TRANSPORT LIMITED, 4157371 CANADA
INC., CANADIAN AMERICAN SPECIALIZED (C.A.S.)
INC., CANADIAN AMERICAN SPECIALIZED (C.A.S.)
NOVA SCOTIA LTD., DIMENSIONALLY SPECIALIZED
CARRIERS INC., TRANSPORTATION LOGISTICS &
LEASING LTD., WAYNE JENKINS, JASON JENKINS, and
DAVID BRADLEY MACDONALD
__________________________________________________________________
LIBRARY HEADING
__________________________________________________________________
Registrar: Richard W. Cregan, Q.C.
Heard: July 7, 2005
Written Decision: August 19, 2005
Subject: Application by a plaintiff in an action against several defendants, one of whom had recently filed a proposal under the Bankruptcy and Insolvency Act, for a declaration under section 69.4 that the automatic stay of the action against this defendant under the Act no longer operates in respect of the plaintiff.
Result: The court found that the stay would materially prejudice the plaintiff. It ordered that the stay be lifted and thereby enabled the plaintiff to continue its action against the defendant.
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