IN THE SUPREME COURT OF NOVA SCOTIA
IN BANKRUPTCY AND INSOLVENCY
Citation: McCurdy (Re), 2006 NSSC 312
Date: October 18, 2006
Docket: B-28834
Registry: Halifax
District of Nova Scotia
Division No. 01 - Halifax
Court No. 28834
Estate No. 51-099835
In the Matter of the Bankruptcy of Stephen James McCurdy
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A D D E N D U M
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Registrar: Richard W. Cregan, Q.C.
Case History: Addendum to decision dated April 18, 2006
(2006 NSSC 125)
Heard: March 10, 2006
Present: Joseph A. Wilkie, CMA, CIRP, representing the
Trustee, WBLI Incorporated
Mike Chisholm representing the Office of the
Superintendent
[1] I have reviewed my decision of April 18, 2006. I think that statements made in paragraphs 12 and 13 are misleading. By this addendum I wish to make correction.
[2] I held that the Trustee should not have allowed the bankrupt to stay in bankruptcy beyond the 21 months provided by the Superintendent’s Directive No. 12. Rather he should have objected to the discharge and promptly brought the matter before the court.
[3] As it was not necessary to the disposition of the case, in paragraph 12 I said I was leaving open the question of whether a trustee continues to have jurisdiction to grant a certificate of discharge after the 21 month period has passed. What I said in paragraph 13 then suggests that the trustee may have such jurisdiction, if compliance with the conditional order is made “shortly” after the 21 months has passed.
[4] On careful reading of Directive No. 12 and particularly paragraph 5(2) thereof, it is clear that the authority given to a trustee to grant a discharge can only be exercised within the 21 month period. Failure to comply with
the conditional discharge within that time necessitates a discharge application being made to the court.
R.
Halifax, Nova Scotia
October 18, 2006