Belec v. Ray Kennedy Construction Ltd., (1983) 1 O.A.C. 94 (DC)

• Judge: Sirois, J.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: November 18, 1983
• Jurisdiction: Ontario
• Citations: (1983), 1 O.A.C. 94 (DC)

Belec v. Ray Kennedy Constr. Ltd. (1983), 1 O.A.C. 94 (DC)

MLB headnote and full text

Belec v. Ray Kennedy Construction Ltd.

Indexed As: Belec v. Ray Kennedy Construction Ltd.

Ontario Divisional Court

Sirois, J.

December 6, 1983.

Summary:

The plaintiff applied to restrain the defendant from realizing on a judgment which it had previously obtained against her, on the ground that she was a discharged bankrupt.

The Ontario County Court, in a decision unreported in this series of reports, dismissed the application. The County Court impliedly held that the plaintiff's bankruptcy had not wiped out the judgment because it was for "goods provided as necessaries of life". The plaintiff appealed.

The Ontario Divisional Court allowed the appeal.

Bankruptcy - Topic 8997

Discharge of debtor - Debts not released by discharge - Evidence and proof - The plaintiff applied to restrain the defendant from realizing upon a judgment which the defendant previously obtained against her, on the ground that she was a discharged bankrupt - The Ontario Divisional Court held that the onus was on the defendant creditor to prove that the bankruptcy had not wiped out the judgment because it was for "goods provided as necessaries of life" pursuant to s. 148(1)(g) of the Bankruptcy Act - See paragraphs 6 to 8.

Cases Noticed:

Consumers Gas Co. v. Stewart et al. (1981), 36 C.B.R.(N.S.) 136, agreed with [para. 7].

Statutes Noticed:

Bankruptcy Act, R.S.C. 1970, c. B-3, sect. 148(1)(g) [para. 7].

Counsel:

G. Maxwell, for the appellant;

S.W. Pettipiere, for the respondent.

This appeal was heard before Sirois, J., of the Ontario Divisional Court, on November 18, 1983, whose decision was delivered orally and released on December 6, 1983.