Reynald Auger

Several businesses went bankrupt while holding unremitted federal and provincial sales tax (GST and QST).

The federal and provincial tax authorities claimed ownership of these amounts, arguing they were held in a deemed trust and did not form part of the bankrupts' estates.

The trustees in bankruptcy and secured creditors argued that under the Bankruptcy and Insolvency Act, the Crown ranks only as an ordinary unsecured creditor.

The Supreme Court of Canada dismissed the Crown's appeals, holding that the 1992 amendments to the Bankruptcy and Insolvency Act rendered the statutory deemed trusts ineffective upon bankruptcy.

Consequently, the tax authorities are ordinary creditors, and the unremitted tax amounts remain part of the bankrupts' estates subject to the priority scheme of the bankruptcy legislation.

The employer, Camvrac, defaulted on a line of credit with the Caisse.

The Caisse exercised its right of compensation on Camvrac's term deposit pursuant to an agreement.

The Crown sought to collect unremitted source deductions from the proceeds of the term deposit, arguing that the compensation agreement created a 'security interest' under s. 224(1.3) of the Income Tax Act, making the property subject to a deemed trust in favour of the Crown.

The Supreme Court of Canada held that the agreement did create a security interest, and the proceeds of the term deposit were subject to the Crown's deemed trust.

The debtor bought property from a dealer in instalment sales, and the dealer assigned its rights to the appellant bank.

The debtor later made an assignment in bankruptcy and the respondent was appointed trustee.

The bank sent a proof of claim for its reservation of ownership, which the trustee disputed because the bank had not published the reservation within the time limit provided for in art. 1745 C.C.Q. The Supreme Court of Canada held that the reservation of ownership could be set up against the trustee.

The trustee is vested with only the rights the bankrupt had in the property and cannot be considered a third person acquirer for the purposes of art. 1749 C.C.Q.