Douglas A. Bourassa

The appellants appealed an order of the Superior Court of Justice.

On consent of the parties, the Court of Appeal dismissed the appeal as abandoned without costs.

The trustee in bankruptcy brought a motion under s. 95 of the Bankruptcy and Insolvency Act to set aside a pre-bankruptcy payment as a preference.

The respondent argued the motion was time-barred under the Limitations Act, 2002.

The trustee contended that the limitation period was suspended by the stay of proceedings under s. 195 of the BIA during the bankrupt's appeal of the bankruptcy order.

The Court of Appeal held that s. 195 does not extend, suspend, or vary the limitation period, and dismissed the appeal, confirming the motion was statute-barred.