The respondent brought a claim for damages arising from the denial of payment under a life insurance policy.
The motion judge dismissed the appellant's motion for summary dismissal based on lack of capacity and granted the respondent standing to bring the action notwithstanding his prior bankruptcy.
The appellant appealed, disputing whether the motion judge's order was made pursuant to the Bankruptcy and Insolvency Act or inherent jurisdiction.
The Court of Appeal upheld the motion judge's decision, finding that the order was made pursuant to inherent jurisdiction as it was a civil action for damages brought years after discharge from bankruptcy, not a bankruptcy proceeding.
