Application for declaration that judgment debt survived bankruptcy of respondent. Respondent had been president of applicant company. Applicant obtained summary judgment finding that respondent had misappropriated funds while acting in fiduciary capacity. Respondent had not been declared bankrupt. Application granted. Bankruptcy was not precondition to determination of whether debt was of a nature that brought it within s. 178(1)(d) of Bankruptcy and Insolvency Act (Can.). Judgment debt survived bankruptcy. Declaration not merely hypothetical.
Sunwell Investments Ltd. v. Cheung
(Jan. 22, 2013, Ont. S.C.J., Goldstein J., File No. CV-12-464348) 226 A.C.W.S. (3d) 340.