Moore (Bankrupt), Re 2012 ONCA 569
Bankruptcy - Administration of estate - Powers of superintendent - Power to intervene in court
Moore made an assignment in bankruptcy in 2007. He had accumulated a debt to “407 ETR” of some $35,000 in unpaid highway 407 toll charges. In 2011, Moore was granted an absolute discharge. He sought to obtain valid vehicle permits. The Registrar of Motor Vehicles refused to validate or issue the permits because of the unpaid tolls (Highway 407 Act, s. 22(4)). Moore moved for a declaration that his debt to 407 ETR was released pursuant to his absolute discharge. The motion judge dismissed the motion. He concluded that there was no operational conflict between s. 22 of the Highway 407 Act and s. 178(2) of the Bankruptcy and Insolvency Act (BIA). The Superintendent of Bankruptcy filed a notice of appeal, relying on s. 5(4)(a) of the BIA. 407 ETR moved to quash the Superintendent’s notice of appeal on the basis that the Superintendent lacked standing. The Superintendent brought a motion requesting leave to appeal, relying on s. 193(e) of the BIA and/or the court’s inherent jurisdiction and sought an extension of time to do so.
The Ontario Court of Appeal granted the Superintendent’s motion for an extension of time to file its notice of motion seeking leave to appeal the motion judge’s decision, and its motion for leave to appeal that decision. No useful purpose would be achieved by requiring the filing of a fresh notice of appeal.