Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

IN BANKRUPTCY AND INSOLVENCY

Citation: Lewer (Re), 2010 NSSC 98

Date: March 15, 2010

                   Docket: B 34328

Registry: Halifax                                                                                

District of Nova Scotia

Division No. 01 - Halifax 

Court No. 34328

Estate No. 51-1180275

         

In the Matter of the Bankruptcy of Ian George Lewer

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LIBRARY  HEADING

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Registrar:              Richard W. Cregan, Q.C.                             

 

Heard:                  January 22, 2010                                                            

 

Written Decision: March 15, 2010 

 

Subject:                Whether the proceeds from a Locked-In Retirement Account (LIRA) should be considered as property either exempt or non exempt of the bankrupt under S.67 of the Bankruptcy and Insolvency Act or as income under S.68.

 

Summary:             The bankrupt prior to his assignment transferred pension credits earned with a previous employer to a LIRA.  After his assignment he cashed in the LIRA and used the proceeds for current expenses.

 

Result:                  It was held that the proceeds should be treated as income under S.68.

 

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