Monday, July 22, 2019
Making sure Patrick Ross is aware of his upcoming court date.
UPDATE, JUL 25: As this blog post has served its purpose, I'm taking it down.
Monday, July 15, 2019
Hammer to fall -- Part Deux.
In my last post, I described how undischarged bankrupt Patrick "Outlaw Tory" Ross was invited to show up at a hearing on June 5 with the Saskatchewan Registrar in Bankruptcy, so he could explain his utter failure to make any payments pursuant to the bankruptcy discharge judgment that was handed down against him back in 2014. To no one's surprise, Patrick (despite being properly and adequately served with notice of that hearing) chose not to appear. But that is far from the most interesting thing that happened at that hearing, and I will be very careful about how I word the rest of this, as I was not present at that hearing and have to go on what I was told.
Rather than allowing my lawyer to make her presentation as to why Patrick should no longer be entitled to the protection of bankruptcy (for, quite simply, not fulfilling any of his obligations under the Bankruptcy and Insolvency Act of Canada), the registrar simply punted this case upwards to the Saskatchewan Court of Queen's Bench, which has at least one significant consequence.
As I understand it, while the bankruptcy registrar can make rulings only within the strict confines of a bankruptcy, a judge on the Court of Queen's Bench is not so limited, and is apparently within his or her rights to make whatever findings they like, which means that at that upcoming hearing on July 30, it will be interesting to see how that judge takes to bankrupts who have never made a payment towards their conditional discharge and, further, have never made any payments towards the numerous cost awards against them, going all the way back to 2010.
I'm going to leave it at that, but it will be fascinating to see whether Patrick Ross, who will again be adequately and properly served with notice of this hearing on July 30, chooses to once again be a no-show.
UPPITY DATE: Apparently, the Court of Queen's Bench judge will still restrict himself/herself to ruling on the status of the stay of proceedings -- subsequent rulings will come, you know, subsequently.
Rather than allowing my lawyer to make her presentation as to why Patrick should no longer be entitled to the protection of bankruptcy (for, quite simply, not fulfilling any of his obligations under the Bankruptcy and Insolvency Act of Canada), the registrar simply punted this case upwards to the Saskatchewan Court of Queen's Bench, which has at least one significant consequence.
As I understand it, while the bankruptcy registrar can make rulings only within the strict confines of a bankruptcy, a judge on the Court of Queen's Bench is not so limited, and is apparently within his or her rights to make whatever findings they like, which means that at that upcoming hearing on July 30, it will be interesting to see how that judge takes to bankrupts who have never made a payment towards their conditional discharge and, further, have never made any payments towards the numerous cost awards against them, going all the way back to 2010.
I'm going to leave it at that, but it will be fascinating to see whether Patrick Ross, who will again be adequately and properly served with notice of this hearing on July 30, chooses to once again be a no-show.
UPPITY DATE: Apparently, the Court of Queen's Bench judge will still restrict himself/herself to ruling on the status of the stay of proceedings -- subsequent rulings will come, you know, subsequently.
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