A first‑time bankrupt applied for a discharge under the Bankruptcy and Insolvency Act after assigning himself into bankruptcy following a drunk‑driving incident in which his vehicle crashed into a residence.
Several unsecured creditors who owned the damaged home opposed the discharge while the trustee did not.
The court found that the bankrupt’s insolvency arose directly from his own voluntary intoxicated driving and therefore engaged s. 173(1)(a) of the BIA.
Because the civil action for damages arising from the incident had not yet proceeded to judgment, the court held it could not determine an appropriate conditional discharge.
The application for discharge was adjourned until the civil action was resolved so the court could assess appropriate conditions.
