Ontario Civil

Bankruptcy and Insolvency

Individual was neither officer, director, shareholder nor employee of bankrupt

Trustee in bankruptcy sought production of third party records under s. 164 of Bankruptcy and Insolvency Act (Can.). Trustee sought production from telecommunications service provider. Trustee sought: e-mails and attachments sent or received by individual between May and December 2012, containing certain addresses or names; and all records from June 2012 to August 2012 for two phone numbers. Individual was neither officer, director, shareholder nor employee of bankrupt. Trustee alleged individual was engaged in fraudulent scheme conducted by e-mail and phone. Scheme allegedly resulted in loan advances to bankrupt. Trustee scheduled pending examination of individual under s. 163(2). Production denied, except in part. As to individual’s e-mail address, production denied. Evidence did not establish sufficient link between e-mail account and individual. Proper for trustee to ask individual at examination whether e-mail account was his. As to first telephone number, production denied as overly broad. Trustee free to renew more targeted request. As to second number, production order denied. Number appeared in e-mail without subscriber name. Court ordered telecommunications provider to identify name, address and contact information for subscriber. Telecommunications provider was ordered to preserve all information relating to e-mail and telephone accounts until further order.

2046272 Ontario Inc., Re (Apr. 15, 2013, Ont. S.C.J. [Commercial List], D.M. Brown J., File No. 31-OR-207924-T) 228 A.C.W.S. (3d) 328.

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