The Minister of Finance appealed a master's decision dismissing a motion to renew a writ of execution against an uninsured motorist who had filed a consumer proposal.
The motorist's driver's licence had been subject to suspension under the Motor Vehicle Accident Claims Act for failing to pay a judgment debt arising from a motor vehicle accident.
The Superior Court dismissed the appeal, finding an operational conflict between the provincial legislation and the federal Bankruptcy and Insolvency Act.
The court held that the provincial scheme was effectively a debt collection mechanism that subverted the federal bankruptcy scheme and the 'fresh start' principle, rendering the provincial provision inoperative to the extent of the inconsistency.
