Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

IN BANKRUPTCY AND INSOLVENCY

Citation:   Bevin (Re), 2014 NSSC 88

 

Date: March 5, 2014

        Docket: 37796

Registry: Halifax

 

District of Nova Scotia

Division No. 01

Court No. 37796

Estate No. 51-1793850                                                                                 

 

In the Matter of the Consumer Proposal of Lisa Dawn Bevin

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LIBRARY  HEADING________________________________________________________________

 

Registrar:             Richard W. Cregan, Q.C.                             

 

Heard:                  February 5, 2014                                                            

 

Written Decision: March 5, 2014

 

The Proxy for a creditor had an understanding with the Administrator of a Consumer Proposal that a meeting of the creditors would be called.  However, the Proxy in completing the Proof of Claim checked off the box which simply said the Creditor would vote against the proposal instead of the box which said the Creditor would not only vote against the proposal but also requested a meeting of creditors. 

 

The proposal received automatic approval without a meeting being called contrary to the promise made by the Administrator to the Proxy. The creditor moved to set aside the approval of the proposal and to have a meeting ordered.

 

The Court applied Subsection 187(9) of the Bankruptcy and Insolvency Act, finding the checking of the incorrect box was a “formal defect or irregularity” and ordered that the acceptance of the proposal be set aside and a meet of the creditors be held.

 

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