Supreme Court

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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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