The appellants appealed a motion judge's order directing a trustee in bankruptcy to convey its interest in a joint venture agreement and a related lawsuit to the respondent, a discharged bankrupt.
The appellants also challenged the motion judge's decision to make the conveyance retroactive to a date when the respondent was still an undischarged bankrupt.
The Court of Appeal found no error in the motion judge's exercise of discretion to return the property.
To address the retroactivity issue, the Court varied the absolute order of discharge to take effect on April 4, 2005, just prior to the commencement of the lawsuit, using its power under section 187(5) of the Bankruptcy and Insolvency Act.
The appeal was dismissed.
