Supreme Court

Decision Information

Decision Content

Cite as: Cole (Re), 2001 NSSC 203

 

CASE NO.                                                                              VOL.  NO.

 

 

In the Matter of the Bankruptcy of

Elizabeth Marie Cole

 

 

 

Tim Hill,

Registrar in Bankruptcy              Halifax, Nova Scotia             File No.  B 23659

 

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LIBRARY HEADINGS

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HEARD:                                March 26, 2001

 

DECISION:                           April 2, 2001

 

WRITTEN REASONS:       April 9, 2001

 

FACTS:         Trustee sought directions (s.34(1) of the BIA) regarding procedure to be followed where trustee intends to make application under section 68 of the BIA for an order requiring payment of “income” of bankrupt to trustee for benefit of the estate.  The “income”  in question would not be paid or received until after the date of the bankrupt’s pending automatic discharge (s.168.1 of the BIA)

 

ISSUES:        1.         Dealing with the Registrar’s jurisdiction to give directions where bankrupt objects.

 

2.                  Directions as to appropriate procedure.

 

HELD:            As to jurisdiction:

 

(a)                Registrar had jurisdiction to give directions as to procedure on basis of urgency, ex parte nature of application, and as matter related to practice and procedure.

 

(b)               Registrar did not have jurisdiction to order attachment of funds as such involved substantive issues outside jurisdiction of Registrar.

 


As to directions:

 

The trustee can make the s.68 application after the bankrupt’s discharge.  Procedure set out in the decision.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.