IN THE SUPREME COURT OF NOVA SCOTIA
IN BANKRUPTCY AND INSOLVENCY
Citation: Byrne (Re), 2012 NSSC 23
Date: January 18, 2012
Docket: B 35420
Registry: Halifax
District of Nova Scotia
Division No. 03 - Sydney
Court No. 35420
Estate No. 51-1397618
In the Matter of the Bankruptcy of Christopher James Byrne
_________________________________________________________________
LIBRARY HEADING
__________________________________________________________________
Registrar: Richard W. Cregan, Q.C.
Heard: November 17, 2011
Written Decision: January 18, 2012
Subject: The bankrupt made an assignment as a result of a judgment obtained against him by The Facility Association which compensated his friend for injuries resulting from an accident with a “Four Wheeler” driven by him which was not covered by insurance.
Summary: The Association first asked that the Court annul his assignment. This was denied. The Court was satisfied that what he did was not so egregious as to meet the requirement for an annulment.
Result: Alternatively the Association opposed his discharge. The Court held following the Kozack case of the Supreme Court of Canada, that, although limited responsibility only could be attributed to him, nevertheless what happened would be covered by Paragraph 173(1)(a) of the Bankruptcy and Insolvency Act. The condition of this discharge was that he consent to judgment for $5000 and comply with certain administrative requirements.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION.
QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET .