Dobbs (Bankrupt), Re, (1998) 81 O.T.C. 158 (GD)

CourtOntario Court of Justice General Division (Canada)
Case DateNovember 03, 1998
JurisdictionOntario
Citations(1998), 81 O.T.C. 158 (GD)

Dobbs (Bankrupt), Re (1998), 81 O.T.C. 158 (GD)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. NO.137

In The Matter Of the Bankruptcy of Peter Charles Dobbs of the City of Toronto, in the Province of Ontario, Advertising Sales

(File No. 31-350590)

Indexed As: Dobbs (Bankrupt), Re

Ontario Court of Justice

General Division

In Bankruptcy

Ferron, Registrar in Bankruptcy

November 3, 1998.

Summary:

A creditor applied to lift a stay of proceedings under s. 69 of the Bankruptcy and Insolvency Act to permit it to proceed with an action against the bankrupt. The creditor alleged that the contracts upon which its action was based were induced by fraud.

The Registrar in Bankruptcy of the Ontario Court (General Division), in Bankruptcy, refused to lift the stay. A bald allegation of fraud was insufficient to move the court to exercise its discretion to lift the stay. There was no merit to the creditor's action.

Bankruptcy - Topic 6786

Practice - Stay of proceedings - Proceeding for the recovery of a claim against the bankrupt - See paragraphs 1 to 9.

Counsel:

Kenneth H. Page, for the moving party, Bocephus Design Ltd.;

Nancy Wittman, for the respondent, Peter Charles Dobbs.

This application was heard before Ferron, Registrar in Bankruptcy, of the Ontario Court (General Division), in Bankruptcy, whose following judgment was released on November 3, 1998.

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