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Processing a pre-authorized debit for pre-filing arrears after a Notice of Intention violates the BIA stay of proceedings.
The debtor company filed a Notice of Intention to Make a Proposal under the Bankruptcy and Insolvency Act.
Three days later, a fuel supplier processed a pre-authorized debit for pre-NOI arrears.
The debtor sought the return of the funds, arguing the payment violated the stay of proceedings under s. 69(1)(a) of the BIA.
The court held that processing the pre-authorized debit constituted a 'remedy' captured by the stay, as it gave the supplier an advantage over other creditors.
The supplier was ordered to return the funds, less a set-off for fuel supplied post-NOI.
A commercial motor vehicle charge was dismissed due to reasonable doubt arising from the inspecting officer's incomplete notes and conflicting evidence.
The Crown charged Dansway Logistics Inc., as owner of a commercial motor vehicle, with failing to ensure performance standards were met pursuant to section 107(3) of the Highway Traffic Act.
The charge arose from an inspection on September 18, 2017, at the Vineland truck inspection station where Officer Fear identified several mechanical defects including loose fasteners on the suspension system and an allegedly inoperative fifth axle brake.
The defendant's mechanic, Gary Nott, subsequently inspected the vehicle and found that the fasteners were not loose and that the brake specifications were within acceptable parameters.
The court found reasonable doubt regarding the Crown's evidence due to incomplete notes, gaps in the officer's recollection, and conflicting expert evidence, and dismissed the charge.
