Williams (F.) Logging Co. et al. v. Roethel et al.

• Jurisdiction: British Columbia
• Court: Court of Appeal (British Columbia)
• Judge: Macfarlane, Ryan and Donald, JJ.A.
• Citation: (1995), 58 B.C.A.C. 84 (CA)
• Date: 02 March 1995

Williams Logging Co. v. Roethel (1995), 58 B.C.A.C. 84 (CA);

    96 W.A.C. 84

MLB headnote and full text

F. Williams Logging Co. Ltd. and Margaret Forestry Ltd. (plaintiffs/respondents) v. Klaus Roethel and Roethel Resources Ltd. (defendants/appellants)

(V01821)

Indexed As: Williams (F.) Logging Co. et al. v. Roethel et al.

British Columbia Court of Appeal

Macfarlane, Ryan and Donald, JJ.A.

March 2, 1995.

Summary:

The defendant Roethel consented to judg­ment against him in the plaintiffs' action for losses suffered by his alleged maladmin-istration of their business and financial affairs. A Chambers judge subsequently ruled that the judgment debt survived Roethel's discharge from bank­ruptcy. Roethel appealed.

The British Columbia Court of Appeal dismissed the appeal.

Bankruptcy - Topic 8983

Discharge of debtor - Liabilities not released by discharge - Acts of defalcation in fiduciary capacity - Section 178(1)(d) of the Bankruptcy and Insolvency Act provided that a discharge did not release a bankrupt from any debt or liability arising out of fraud, embezzlement, misappropri­ation or defalcation while acting in a fiduciary capacity - The defendant con­sented to judgment against him for defal­cations related to his administration of the plaintiffs' business and financial affairs - The British Columbia Court of Appeal affirmed that the judgment debt survived the defendant's discharge from bankruptcy.

Cases Noticed:

Viking Well Services Ltd. v. Metrocan Leasing Ltd. (1988), 67 C.B.R.(N.S.) 278 (Alta. C.A.), not appld. [para. 4].

Smith v. Henderson et al. (1992), 10 B.C.A.C. 249; 21 W.A.C. 249; 64 B.C.L.R.(2d) 144 (C.A.), refd to. [para. 6].

Statutes Noticed:

Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, sect. 178(1)(d) [paras. 3-4, 6].

Counsel:

John McLean, for the respondent;

Robert C. Di Bella and Nicholas A. Mosky, for the appellant.

This appeal was heard in Victoria, British Columbia, before Macfarlane, Ryan and Donald, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered orally by Donald, J.A., on March 2, 1995.