Ontario Superior Court of Justice

Date: 2017-04-13 Ontario Superior Court of Justice (Commercial List – In Bankruptcy)

In the Matter of the Bankruptcy of David Ronald Fitzpatrick of the City of Pickering, Region of Durham, in the Province of Ontario

Before: F.L. Myers J.

Counsel: Matthew R. Harris, counsel for the appellant Harold Rosenberg, counsel for the respondent

Heard: April 13, 2017

Endorsement (Transcribed)

[1] This appeal involves s. 178 (1)(a.1)(i) of the Bankruptcy and Insolvency Act, RSC 1985, c. B-3.

[2] The Registrar interpreted the section purposefully to understand the legislative intention as gleaned from the words of the statute and its legislative purpose.

[3] The Registrar found that this debt was of a quality where the societal interest in releasing it is overwhelmed by the benefit of not releasing it.

[4] The BIA gives a fresh start to an honest but hapless debtor. No policy of the BIA is advanced by releasing this judgment. Stinson J found that the harm was inflicted intentionally. Criminal law is typically narrower than civil law. That is, one interprets the Criminal Code narrowly to protect the rights of the accused. If “psychological harm” counts as “bodily harm” for criminal law purposes, there is no reason Parliament should be assumed to have adopted an even narrower definition for the BIA.

[5] I agree with the Registrar’s reasons and result.

[6] Appeal dismissed. Cost of $5000 payable by the appellant to the respondent.

F.L. Myers J. Date: April 13, 2017