Supreme Court

Decision Information

Decision Content

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 .

 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.