IN THE SUPREME COURT OF NOVA SCOTIA
IN BANKRUPTCY
Citation: Ford (Re), 2009 NSSC 124
Date: April 16, 2009
Docket: 32631
Registry: Halifax
District of Nova Scotia
Division No. 01 - Halifax
Court No. B-32631
Estate No. 51-810205
In the Matter of the Bankruptcy of Joanne Marie Ford
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LIBRARY HEADING
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Registrar: Richard W. Cregan, Q.C.
Heard: February 6, 2009
Written Decision: April 16, 2009
Subject: Whether the caregiver amount, a non-refundable tax credit under the Income Tax Act, should be considered as property under s. 67 of the Bankruptcy and Insolvency Act or as income under s. 68.
Summary: A bankrupt after being discharged learned of her entitlement to a caregiver amount and sought reassessment of her income tax assessment over several years ending in the year of her bankruptcy. A cheque was sent by the Canada Revenue Agency for the resulting refunds for those years to the Trustee who treated the refunds as property of the estate. The bankrupt brought this application to have the refunds characterized as income to the bankrupt which should be distributed according to s. 68.
Held: The refunds shall be characterized as income under s. 68.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION.
QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET .