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This decision reinforces the need for plaintiffs to make a decision at the time of pleading whether to allege facts which, if proved, could establish a debt or liability that would survive the defendant’s discharge from bankruptcy under section 178 (1) (d) or (e) of the BIA.
Dec 5, 2019 · Unfortunately, there are too many occasions where a defendant in an action declares bankruptcy, which results in a stay on proceedings and basically the plaintiff is left without options. But what happens when it is the plaintiff that files for bankruptcy?
May 10, 2022 · This comprehensive report summarizes the key facts and core issues of importance in each case and provides status updates on the cases reported on in our February 2021 bulletin, Key Developments in Canadian Insolvency Case Law in 2020.
Apr 16, 2024 · How should courts make that determination? Should there be a separate trial on the issue? Should courts look to the pleadings that governed the judgment giving rise to the debt? Can a consent judgment fall within that section, and when? This latter question recently arose in the case of M.O.S. MortgageOne Solutions Ltd. v. Heidary.
First, it must be determined if the debtor (the person filing for or contemplating filing for bankruptcy) is the plaintiff, i.e., the person bringing the lawsuit or the defendant, i.e., the person being sued. This is very important in the bankruptcy context.
The Plaintiff’s case continues in the normal course, even after becoming “bankrupt.” The Plaintiff retains an interest in most of the damages typically claimed for in a personal injury case; this includes damages for income loss and loss of competitive advantage.
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Jan 31, 2022 · As a plaintiff with a pending claim or outstanding debt, you become a creditor of the debtors’ estate, and must therefore comply with rules established by the bankruptcy code to cease further action. Creditors who violate these rules can face consequences, including liability for debtor’s damages.
