Court File and Parties

Citation: Nathoo v. PricewaterhouseCoopers, 2007 ONCA 409

Date: 2007-05-30

Docket: C46247

Court of Appeal for Ontario

Rosenberg, Rouleau JJ.A. and Killeen J. (Ad hoc)

In the Matter of the Bankruptcy of Celina Nathoo and In the Matter of Her Appeal Against the Decision of Judge Little of the Superior Court of Justice, London

Between:

Celina Nathoo (Appellant)

and

PricewaterhouseCoopers, Capital One Bank, Canadian Imperial Bank of Commerce, MBNA Canada Bank and Canada Revenue Agency (Respondents)

Counsel: Celina Nathoo in person Shawn L. Graham and Michael Cassone for the respondents

Heard and Endorsed: May 28, 2007

On appeal from the judgment of Justice David Little of the Superior Court of Justice dated July 21, 2006.

Appeal Book Endorsement

[1] The appellant submits that the trustee in bankruptcy erred in not including in his report, a recommendation on the bankrupt’s discharge and that his filing of a notice of intent to oppose the discharge two days later did not serve to correct that error. As a result the appellant argues that she was entitled to an automatic discharge.

[2] We disagree. The trustee’s report shows that at the time of the report, the appellant had failed to perform several duties. By the time of the discharge hearing the appellant had not corrected those defaults nor tendered the funds she was required to pay. At the hearing a further issue arose concerning her equity in the home. In our view all of these issues were properly dealt with by the Deputy Registrar. Nothing done by the trustee in bankruptcy invalidated the procedure that was followed. We also see no error in Justice Little’s decision. The appeal is dismissed.

[3] This is not a proper case for substantial indemnity. The appellant will pay costs of $4,500 to the creditors and $1,500 to trustee inclusive of GST and disbursements.

[4] The amount held as security for of the costs to be paid out to the respondents.