IN THE SUPREME COURT OF NOVA SCOTIA
IN BANKRUPTCY AND INSOLVENCY
Citation: G. W. Holmes Trucking (1990) Ltd., Re, 2005NSSC179
Date: June 27, 2005
Docket: B 26197
Registry: Halifax
District of Nova Scotia
Division No. 1 - Halifax
Court No. B 26197
Estate No. 51-112665
In the Matter of the Bankruptcy of G. W. Holmes Trucking (1990) Limited
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LIBRARY HEADING
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Registrar: Richard W. Cregan, Q.C.
Heard: February 16, 2005 and May 18, 2005
Written Decision: June 27, 2005
Subject: Examination under subsection 163(2) of the Bankruptcy and Insolvency Act, (the “Act”).
Summary: A creditor of the bankrupt company obtained orders to examine former employees of the bankrupt under subsection 163(2) of the Act.
Issue: They objected to the continuation of the examination, alleging the creditor was not acting in the best interest of the creditors generally, the creditor’s counsel had a conflict of interest, the creditor had obtained preferential payments from the bankrupt, and there were other procedures available for conducting the examination.
Result: The court rejected their allegations, confirmed the orders for examination and gave directions for their continuance.
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