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The court granted a conditional discharge requiring the bankrupt to repay 25% of a judgment debt arising from his conduct as an uninsured driver.
The bankrupt applied for an absolute discharge from bankruptcy following a motor vehicle accident in which he was an uninsured driver.
The Motor Vehicle Accident Claims Fund, which paid a $130,000 judgment against the bankrupt, opposed the discharge, arguing the bankrupt should be required to repay the debt.
The court found this was essentially a single-creditor bankruptcy filed to avoid the judgment debt.
While the bankrupt had cooperated with the trustee and his circumstances had improved, the court determined that the integrity of the bankruptcy process required some repayment.
The court granted a conditional discharge requiring repayment of 25% of the debt.
Jury notice struck and trial adjournment denied where defendants failed to diligently seek medical examinations.
The plaintiff in a motor vehicle accident personal injury action moved to strike the defendants' jury notice due to the suspension of civil jury trials during the COVID-19 pandemic.
The defendants cross-moved to adjourn the trial to conduct defence medical examinations and obtain expert reports.
The court granted the plaintiff's motion and struck the jury notice, finding that the plaintiff would suffer non-compensable prejudice from trial delay due to statutory deductibles and income loss limits under the Insurance Act.
The court dismissed the defendants' cross-motion, holding that their lack of trial readiness was due to their own failure to diligently seek medical examinations and expert reports.
