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30 Oct 09

CanLII - 2009 SCC 49 (CanLII)

When a supplier goes bankrupt, the tax authorities do not own GST and QST amounts that have been collected but not remitted or are collectible at the time of the bankruptcy. Instead, they have an unsecured claim against the supplier.

www.canlii.org/...2009scc49.html - Preview

Law BIA secured creditor Crown

deemed trusts intended to secure GST claims are ineffective in bankruptcy
situations

24 Oct 08

Saulnier v. Royal Bank of Canada, 2008 SCC 58 (CanLII)

A licence can be property under the BIA or PPSA

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Law property BIA PPSA

[13] A commercial fisher with a
ramshackle boat and a licence to fish is much better off financially than a
fisher with a great boat tied up at the wharf with no licence.
[16] The questions before the
Court essentially raise a dispute about statutory interpretation. We are
not concerned with the concept of “property” in the abstract. The notion
of “property” is, in any event, a term of some elasticity that takes its meaning
from the context.
4 more annotations...
- [17] In determining the scope
  of the definition of “property” in a statutory context, it is necessary to
  have regard to the overall purpose of the BIA, which is to
  regulate the orderly administration of the bankrupt’s affairs, keeping a balance
  between the rights of creditors and the desirability of giving the bankrupt
  a clean break
- The exemption of designated property from distribution among creditors under s.
  67(1) is to allow the bankrupt to continue a living pending discharge and, when
  discharged, to make a fresh start. Those exemptions do not, it seems to
  me, bear much similarity to the proposed “exempting” of a valuable asset such as
  a commercial fishing licen
- [23] It is extremely doubtful
  that a simple licence could itself be considered property at common law.
- On the other hand, if not property in the common law sense, a fishing licence is
  unquestionably a major commercial asset

22 Sep 08

Azura Management (Hemlock) Corp. v. Hemlock Valley Resorts Inc., 2007 BCSC 1761 (CanLII)

Provincial rural property tax lien is not secured under BIA. No mention on whether it was registered or not.
No consideration of s. 87(1) but probably, the lien was not registered.

www.canlii.org/...2007bcsc1761.html - Preview

Law Crown secured priority BIA property tax

[4]
The land owned by Hemlock Valley
Resorts Inc. was subject to taxation under the Taxation (Rural Area)
Act, R.S.B.C.
1996, c. 448. As of October 17, 2007, $68,189.20 remained owing for taxes,
penalty and interest under that Act.

Dartmouth (City) v. Barclay's Bank of Canada, 1996 CanLII 5620 (NS C.A.)

BIA overturns municipal lien for business taxes on machinery and equipment. "the City of Dartmouth does not claim a security interest"

www.canlii.org/...1996canlii5620.html - Preview

Law BIA municipal tax lien priority secured creditor

In Husky Oil the provincial legislation did not directly create a charge
on the bankrupt's property; it made a third party personally liable. That is the
situation that exists in the case before us.
Furthermore, in Husky Oil and in the case we have under consideration the
personal liability of the third parties had been triggered before the assignment
in bankruptcy.
5 more annotations...
- "The quartet" and Husky Oil decisions all involved situations where the
  application of the provincial legislation would clearly have had the effect of
  diminishing the proceeds from the realization of the bankrupt's property and
  thus effect the distribution envisaged under.
- The quartet stands for the position that only those provincial laws which
  directly improve the priority of a claim upon the actual property of the
  bankrupt over that accorded by the Bankruptcy Act are inoperative.
- If one were to apply the persuasive reasoning of the minority decision, the City
  of Dartmouth's claim would prevail on the facts of this case as s. 118 of the
  Assessment Act is valid provincial legislation enacted pursuant to s. 92(13) of the
  Constitution Act, 1867 and does not directly create an interest in
  the bankrupt's property in favour of the City of Dartmouth.
- However, I should state that in a different factual situation than that before
  us, s. 118(1) and (3) of the Assessment Act could not be given
  operational effect as this would offend the principles enunciated in Husky
  Oil.
- (iv) the City of Dartmouth does not claim a security
  interest in any of the bankrupt's property and is not a secured creditor within
  the meaning of that term in the Bankruptcy Act;