Court File and Parties

CITATION: Duscio (Re) , 2010 ONCA 552

DATE: 20100811

DOCKET: C51631

COURT OF APPEAL FOR ONTARIO (In Bankruptcy and Insolvency)

Before: Rosenberg, Goudge and Feldman JJ.A.

IN THE MATTER OF THE BANKRUPTCY AND INSOLVENCY ACT, R.S.C. 1985, C. B-3, AS AMENDED

AND IN THE MATTER OF BANKRUPTCY OF ANTONIO DUSCIO, OF THE TOWN OF PUSLINCH, IN THE COUNTY OF WELLINGTON, IN THE PROVINCE OF ONTARIO (Re Appeal from the Justice Little’s Decision dated January 25, 2010)

Counsel: Kevin D. Sherkin, for the appellant Antonio Duscio William McNamara and Rahool P. Agarwal, for the respondent Universal Settlements International Inc.

Heard: August 10, 2010

On appeal from the judgment of Justice T. David Little of the Superior Court of Justice dated January 25, 2010 with respect to the motion brought to set aside the decision of the Deputy Registrar dated July 13, 2009.

APPEAL BOOK ENDORSEMENT

[1] The term “person dissatisfied” is a broad one and would depend on the record in the particular case. The issue of standing was not raised before Little J. and we do not have a sufficient record in this case. In these circumstances, it is not in the interests of justice to permit the issue to be raised for the first time in this court.

[2] The evidence was properly found to be fresh evidence. It was only after the Registrar’s decision that the respondent was in possession of the necessary facts to challenge the decision.

[3] We agree with Little J. that there were grounds to set aside the discharge, in particular on the basis of s. 158(j) of the Bankruptcy and Insolvency Act.

[4] Accordingly, the appeal is dismissed with costs fixed at $7,500 inclusive of disbursements and appropriate taxes.