Digest: Workers' Compensation Board v Petkau, 2018 SKCA 85

Reported as: 2018 SKCA 85

Docket Number: CA18084 , CACV 3197

Court: Court of Appeal

Date: 2019-11-18

Judges:

• Caldwell
• Ryan-Froslie
• Schwann

Subjects:

• Statutes � Interpretation � Bankruptcy and Insolvency Act, Section 178
• Statutes � Interpretation � Workers� Compensation Act, 2013, Section 20, Section 112

Digest: The Saskatchewan Workers� Compensation Board (WCB) appealed the decision of a Queen�s Bench chambers judge regarding whether the debt owed by the respondent to the WCB, survived the respondent�s discharge from bankruptcy pursuant to s. 178(1)(e) of the Bankruptcy and Insolvency Act (BIA) and if so, what was the amount of the debt. The respondent had pled guilty to defrauding the WCB of a value exceeding $5,000 contrary to s. 380(1) of the Criminal Code in relation to workplace benefits he had improperly received from the WCB. The trial judge found the Crown�s evidence about how much money the respondent had received to be unpersuasive and decided that as he could not calculate the amount, he would �peg� it at $5,001. The decision was not appealed. Before the trial, the respondent had assigned into bankruptcy, listing the WCB as one of his unsecured...