Lambert v. Prince Rupert Fishermen's Credit Union, (1991) 1 B.C.A.C. 238 (CA)

• Judge: Carrothers, Southin and Cumming, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: March 27, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 1 B.C.A.C. 238 (CA)

Lambert v. Fishermen's Credit Union (1991), 1 B.C.A.C. 238 (CA);

    1 W.A.C. 238

MLB headnote and full text

Stanley Eric Lambert (applicant/appellant) v. Prince Rupert Fishermen's Credit Union (respondent/respondent)

(No. CA011508)

Indexed As: Lambert v. Prince Rupert Fishermen's Credit Union

British Columbia Court of Appeal

Carrothers, Southin and Cumming, JJ.A.

June 7, 1991.

Summary:

A bankrupt was granted a conditional discharge. The bankrupt appealed, arguing that the conditions were too onerous.

The British Columbia Court of Appeal allowed the appeal and varied the conditions.

Bankruptcy - Topic 8928

Discharge - Conditional discharge - Upon consent to judgment for a specified sum - A bankrupt was granted a discharge on condition, inter alia, that he pay 50% of his indebtedness (originally over $300,000) - The bankrupt appealed, arguing that the condition was too onerous - The British Columbia Court of Appeal allowed the appeal and ordered that the bankrupt be discharged on condition that he consent to judgment of $50,000 in favour of the trustee in bankruptcy.

Counsel:

L.T. Finkelstein, for the appellant;

   J.M. Sullivan and C.A. MacMillan, for the respondent.

This appeal was heard in Vancouver, B.C., on March 27, 1991, before Carrothers, Southin and Cumming, JJ.A., of the British Columbia Court of Appeal. The following decision was delivered for the court by Southin, J.A., on June 7, 1991.