Moss (Bankrupt), Re, (2013) 295 Man.R.(2d) 122 (QB Reg.)

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: July 12, 2013
• Jurisdiction: Manitoba
• Citations: (2013), 295 Man.R.(2d) 122 (QB Reg.);2013 MBQB 178

Moss (Bankrupt), Re (2013), 295 Man.R.(2d) 122 (QB Reg.)

MLB headnote and full text

Temp. Cite: [2013] Man.R.(2d) TBEd. JL.048

In The Matter Of The Estate Of Danny Moss, A Bankrupt

(BK 97-01-49147; 2013 MBQB 178)

Indexed As: Moss (Bankrupt), Re

Manitoba Court of Queen's Bench

Winnipeg Centre

Lee, Registrar

July 12, 2013.

Summary:

Moss made an assignment in bankruptcy in 1996. The administration of the estate involved substantial litigation. In 2011, following the court's approval of a settlement, Moss received an absolute discharge. He moved under s. 215 of the Bankruptcy and Insolvency Act for leave to commence an action against his trustee.

A Registrar of the Manitoba Court of Queen's Bench denied the motion.

Bankruptcy - Topic 2686

Trustees - Liability - General - Action against - Requirement of leave - Moss made an assignment in bankruptcy in 1996 - The administration of the estate involved substantial litigation - In 2011, following the court's approval of a settlement, Moss received an absolute discharge - He moved under s. 215 of the Bankruptcy and Insolvency Act for leave to commence an action against his trustee - A Registrar of the Manitoba Court of Queen's Bench denied the motion - Section 215's purpose was to protect the trustee against frivolous and vexatious actions or actions that had no basis in fact - Moss' allegations of wrongdoing related to insurance proceeds that the Court of Appeal had determined were payable to the trustee - Given that decision and the settlement agreement, it would be a clear abuse of process to grant Moss leave to commence an action against the trustee - While the court declined the trustee's request for solicitor and client costs, costs were set at $1,000 for the contested hearing with $500 for preparation.

Bankruptcy - Topic 2688

Trustees - Liability - General - Action against - Leave - When granted - [See Bankruptcy - Topic 2686 ].

Bankruptcy - Topic 6977

Practice - Legal costs - Trustees - [See Bankruptcy - Topic 2686 ].

Courts - Topic 2015

Controlling abuse of its process (incl. abuse of process by relitigation) - [See Bankruptcy - Topic 2686 ].

Cases Noticed:

Moss (Bankrupt), Re (2010), 251 Man.R.(2d) 286; 478 W.A.C. 286; 2010 MBCA 39, refd to. [para. 6].

Mancini (Bankrupt) et al. v. Falconi et al. (1989), 76 C.B.R.(N.S.) 90 (Ont. S.C.), refd to. [para. 13].

Statutes Noticed:

Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, sect. 215 [para. 2].

Counsel:

Danny Moss, appeared in person;

Katie L. Hall, for Keith G. Collins Ltd.;

Donna Collins, Trustee in Bankruptcy.

This motion was heard by Lee, Registrar, of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on July 12, 2013.