Witch's Glen Gold (Bankrupt), Re, 2015 NSSC 238

Judge:Moir, J.
Court:Supreme Court of Nova Scotia
Case Date:July 22, 2015
Jurisdiction:Nova Scotia
Citations:2015 NSSC 238;(2015), 364 N.S.R.(2d) 106 (SC)
 
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Witch's Glen Gold (Bankrupt), Re (2015), 364 N.S.R.(2d) 106 (SC);

    1146 A.P.R. 106

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Temp. Cite: [2015] N.S.R.(2d) TBEd. AU.036

In the Matter of the Bankruptcy of Witch's Glen Gold Inc.

(Hfx. No. 432287; 2015 NSSC 238)

Indexed As: Witch's Glen Gold Inc. (Bankrupt), Re

Nova Scotia Supreme Court

In Bankruptcy and Insolvency

Moir, J.

July 22, 2015.

Summary:

A creditor applied for a bankruptcy order under s. 43 of the Bankruptcy and Insolvency Act against a debtor.

A Registrar of the Nova Scotia Supreme Court, In Bankruptcy and Insolvency, in a decision reported at 358 N.S.R.(2d) 16; 1131 A.P.R. 16, allowed the application. The debtor appealed. The creditor moved for security for costs under Civil Procedure Rule 45.

The Nova Scotia Supreme Court, In Bankruptcy and Insolvency, held that rule 45 did not apply and dismissed the motion.

Bankruptcy - Topic 6978

Practice - Legal costs - Security for costs - [See Courts - Topic 2004 ].

Courts - Topic 2004

Jurisdiction - General principles - Inherent jurisdiction - A Bankruptcy and Insolvency Registrar allowed a creditor's application for a bankruptcy order under s. 43 of the Bankruptcy and Insolvency Act against a debtor - The debtor appealed - The creditor moved for security for costs under Civil Procedure Rule 45 - The Nova Scotia Supreme Court, In Bankruptcy and Insolvency, stated that rule 45 was to be interpreted according to its text read in a textual, schematic and purposive context - The text restricted security for costs to actions and applications - Rule 7 covered appeals - The creditor asserted that rule 7 did not apply to appeals from the Registrar to a judge as they were both the Supreme Court in Bankruptcy and Insolvency - The court did not think that rule 7 was so limited, but the point was that this appeal was neither an action nor an application - Reference was also made to the court's inherent jurisdiction - Given the interpretation reached, the court would not look to its inherent jurisdiction to supply a power to order security for costs - The power had always been based on the Rules - In any case, the court would not set up its inherent jurisdiction to avoid a policy adopted by the Rules.

Practice - Topic 3

General principles and definitions - Policy of practice rules - [See Courts - Topic 2004 ].

Practice - Topic 5

General principles and definitions - Nature and interpretation of practice rules - [See Courts - Topic 2004 ].

Practice - Topic 6

General principles and definitions - Application of practice rules - [See Courts - Topic 2004 ].

Practice - Topic 8201

Costs - Security for costs - Security for costs of an appeal - Jurisdiction - [See Courts - Topic 2004 ].

Practice - Topic 8205

Costs - Security for costs - Security for costs of an appeal - Application - How made - [See Courts - Topic 2004 ].

Statutes - Topic 2601

Interpretation - Interpretation of words and phrases - Modern rule (incl. interpretation by context) - General principles - [See Courts - Topic 2004 ].

Cases Noticed:

Towers Marts Properties Ltd., Re (1968), 11 C.B.R.(N.S.) 175 (Ont. S.C.), refd to. [para. 4].

Rizzo & Rizzo Shoes Ltd. (Bankrupt), Re, [1998] 1 S.C.R. 27; 221 N.R. 241; 106 O.A.C. 1, refd to. [para. 10].

Statutes Noticed:

Civil Procedure Rules (N.S.), rule 7 [para. 6]; rule 45.01 [para. 5].

Counsel:

John O'Neill, for Witch's Glen Gold Inc.;

D. Bruce Clarke, Q.C., for PricewaterhouseCoopers Inc.;

Pamela J. Clarke, for Mr. Furlotte.

This motion was heard on June 25 and July 22, 2015, at Halifax, Nova Scotia, by Moir, J., of the Nova Scotia Supreme Court, in Bankruptcy and Insolvency, who delivered the following decision orally for the court on July 22, 2015.

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