Ian J. Collins

Following the release of reasons for decision on three motions in a bankruptcy proceeding, the parties could not agree on the terms of the resulting orders.

The applicant argued the orders should be dated when signed and that he was not properly served with the Receiver's motion via an email link.

The court held that the orders are effective from the date the reasons were released, as no substantial matters remained to be determined.

The court also found that service via an email link is valid and routine.

The applicant's subsequent motion for reconsideration was dismissed as an abuse of process, and costs were awarded to the responding parties.

Multiple motions were brought in a long-running dispute over an on-reserve business partnership between a father and son.

The father sought his share of a bankruptcy dividend from his son's estate, arguing it was protected from seizure by his former lawyer's solicitor's lien and a receivership order under s. 89 of the Indian Act.

The court held that the bankruptcy dividend, held off-reserve by the Trustee, was not protected by s. 89.

The court confirmed the validity of the former lawyer's solicitor's lien, finding it attached to the father's off-reserve assets, including the dividend once transferred to the Receiver.

The court approved the Receiver's fees, which took priority over the solicitor's lien, and authorized the transfer of the dividend to the Receiver for distribution.