The appellant appealed the dismissal of its petition for a receiving order against the respondent.
The appellant argued the bankruptcy judge erred in refusing the order after finding an act of bankruptcy, or alternatively, failed to provide adequate reasons.
The Court of Appeal dismissed the appeal, finding the bankruptcy judge was entitled under s. 43(7) of the Bankruptcy and Insolvency Act to dismiss the petition because he was not satisfied with the proof of facts and found other sufficient cause, noting the dispute was better suited for a civil action and the petition appeared to be a pre-emptive strike.
The court also found the reasons were adequate.
