Kenneth Page

The plaintiff brought an action for solicitor's negligence against his former lawyer, alleging the lawyer negligently advised him to settle his statutory accident benefits claim for an inadequate amount and failed to investigate a potential catastrophic impairment designation.

The court dismissed the action, finding that the lawyer's investigation and negotiation of the settlement met the standard of a reasonably competent lawyer given the plaintiff's need for immediate funds, poor compliance with treatment, and the risk of benefits termination.

The court also found the plaintiff failed to prove that he would have rejected the settlement or achieved a better outcome had a catastrophic impairment assessment been recommended.

The defendants brought a motion for summary judgment seeking to dismiss the plaintiffs' claim for rent arrears and for judgment on their counterclaim for rescission of a franchise agreement.

One of the defendants made an assignment in bankruptcy before the statement of defence and counterclaim was issued.

The court found that the counterclaim vested in the trustee in bankruptcy under section 71 of the Bankruptcy and Insolvency Act, rendering the statement of defence and counterclaim a nullity.

The court declined to cure the nullity, noting the bankrupt defendant had intentionally destroyed business records.

The motion for summary judgment was dismissed.

A bankrupt sought relief in a contested discharge proceeding arising from significant personal income tax debt exceeding one million dollars.

The bankrupt argued that procedural delays and lack of disclosure by the opposing creditor violated section 7 of the Canadian Charter of Rights and Freedoms and sought a remedy under section 24(1).

The court rejected the Charter arguments but held that procedural fairness required that a bankrupt know the case to be met when a creditor opposes discharge.

Exercising its discretion under the Bankruptcy and Insolvency Act, the court granted a conditional discharge requiring payment of $105,000 plus a structured income‑based payment obligation capped at $183,000 over ten years.

The court reduced the percentage typically required in tax‑driven bankruptcies in light of delay, disclosure concerns, and the circumstances in which the tax debt arose.

A bankrupt sought a discharge where the majority of the proven claims consisted of a large personal income tax assessment filed by the Canada Revenue Agency.

The creditor opposed the discharge and argued that the court was required under s. 172.1 of the Bankruptcy and Insolvency Act to impose a significant payment condition because the bankruptcy was tax-driven.

The court noted that the only evidence before it suggested the tax liability may have arisen from corporate activities and that no supporting evidence was presented by the opposing creditor to justify the assessment or the opposition.

Considering the statutory factors under s. 172.1(4), including the circumstances of the debt, efforts to pay, and the bankrupt’s financial prospects, the court concluded that imposing a payment condition would be inappropriate.

The discharge was therefore suspended for one day only, after which the bankrupt would be discharged without conditions.