The creditor successfully brought a motion under s. 69.4 of the Bankruptcy and Insolvency Act to lift the automatic stay to pursue fraud claims against the bankrupt.
The bankrupt opposed the motion for four years using delay tactics before consenting on the eve of the hearing.
The court awarded the creditor costs on a substantial indemnity scale, finding the bankrupt's conduct improper and unnecessarily lengthened the proceeding.
The bankrupt was ordered to pay $25,665.52 in costs, which the court noted would survive any discharge.
