A creditor appealed under the Bankruptcy and Insolvency Act from a Deputy Registrar’s order granting the bankrupt a conditional discharge.
The appellant alleged various errors including failure to consider alleged perjury, failure to find fraud under s. 173(1)(k), and factual errors relating to the bankrupt’s financial dealings.
The court held that an appeal from a discharge order is not a trial de novo and that the appellant failed to demonstrate any error in principle, error of law, or palpable and overriding error in the Registrar’s findings.
The court further emphasized that issues of fraud are generally not to be determined for the first time on a bankruptcy discharge hearing.
The appeal was dismissed.
