A summary of recent Canadian insolvency-focused court decisions.

In the Bankruptcy of Brian Wayne Flight

Does a bankrupt have the right to inspect the trustee's records? The Bankrupt operated a business as a sole proprietor. He filed for bankruptcy on four occasions since 2004, with the last filing occurring in 2016. The Respondent was the licenced insolvency trustee on each…

Montreal (City) v. Deloitte Restructuring Inc.

What is the law on pre-post compensation under the CCAA? SM Group, a consulting engineering firm, performed a variety of contracts for the City of Montreal over a period of several years. SM Group subsequently became insolvent and two of its former officers were charged with criminal…

Aquino v. Aquino, 2021 ONSC 7797 (CanLII)

What is the test for setting aside a sealing order? The Bondfield Group is a business owned and operated by the Aquino family, and was a leading design-build and general construction company providing services to both public- and private-sector clients. Bondfield underwent a period of…

Albert Gelman Inc. vs 152949, 2021 ONCA 784

Can the limitation period for a trustee to bring a claim begin prior to the date of bankruptcy? In October 2013, the court made a bankruptcy order against the bankrupt and appointed the respondent as Trustee. Subsequently, the Trustee took steps to recapture certain assets…

Podollan (Re), 2021 BCSC 1196

What is the test for setting aside a bankruptcy order? The Bankrupt was adjudged a bankrupt on the application of Servus Credit Union Ltd. (“Servus”). The Bankrupt applied for an order setting aside the bankruptcy order on the grounds that he intended to contest the…

Arrangement relatif à Bloom Lake, 2021 QCCS 4642

Are input tax credits on damage payments for agreements disclaimed under section 32 CCAA pre-filing or post-filing claims owing to the debtor and can they be set-off by fiscal authorities against their pre-filing sales tax-related claims against the tax debtor? On January 27, 2015 (the…

Manitok Energy Inc (Re), 2021 ABCA 323 (CanLII)

What is the test for leave to intervene in an appeal? The Receiver was appointed to manage the assets and properties of Manitok, a bankrupt oil and gas producer. The two Lien Claimants were contractors who performed work on certain Manitok oil and gas well…

Fish Creek Finish Carpentry Ltd v. Lindner, 2021 ABCA 34

When will a court overturn a settlement agreement as a fraudulent preference? Andrew, the appellant Magdalena’s husband, and his brother were the directors and shareholders of a corporation. In 2016, the respondents obtained judgments against the corporation for an amount in excess of $300,000. In…

Russell (Re), 2021 BCSC 1708 (CanLII)

Can a trustee delegate the payment of proposal dividends to the debtor? The trustee applied to tax its Final Statement of Receipts and Disbursements pursuant to s. 31 of the Bankruptcy and Insolvency Act. The estate had receipts of $69,971.63 and the trustee sought approval of…

Wasserman v. Bishnu, 2021 ONSC 6848

In what circumstances will costs be awarded against a trustee personally? The Trustee commenced an action against the Bankrupt, his brother Paul and others, claiming that conveyances of certain properties by the Bankrupt prior to the assignment in bankruptcy should be set aside pursuant to…