IN THE SUPREME COURT OF NOVA SCOTIA
IN BANKRUPTCY AND INSOLVENCY
Citation: O’Toole , Re, 2006 NSSC 382
Date: December 19, 2006
Docket: 29295
Registry: Halifax
District of Nova Scotia
Division No. 1 - Halifax
Court No. B-29295
Estate No. 51-122499
In the Matter of the Bankruptcy of Dennis Patrick O’Toole O/A
Bubba’s Truck & Trailer
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LIBRARY HEADING
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Registrar: Richard W. Cregan, Q.C.
Heard: October 18, 2006
Written Decision: December 19, 2006
Subject: Examination of bankrupt under Subsection 163(2) of the Bankruptcy and Insolvency Act
Summary: A secured creditor was given ex parte an order requiring the bankrupt to submit to examination. The bankrupt objected to the order under Subsection 187(5) of the Act arguing that the creditor would only be conducting the examination for its own benefit.
Issue: The case law indicates that one should only be given the right to examine, if it would be for the general benefit of creditors.
Result: It was held that although any benefit to other creditors would most likely be theoretical, considering the responsibilities imposed on a bankrupt by the Act, the law generally and the appearance that something is amiss, the order requiring the bankrupt to submit to examination was confirmed.
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