Case information
Consult our database for details on a Supreme Court of Canada case.
40417
In the matter of the bankruptcy of Brian Wayne Flight, et al. v. John Adamson
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-04-14 | Close file on Leave | |
| 2023-04-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-04-13 | Judgment on leave sent to the parties | |
| 2023-04-13 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C69594, 2022 ONCA 526, dated July 13, 2022, is dismissed. Dismissed |
|
| 2023-03-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-10-28 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-10-28 | |
| 2022-09-28 | Book of authorities, (Book Form), Completed on: 2022-10-28, (Printed version due on 2022-10-06) | In the matter of the bankruptcy of Brian Wayne Flight |
| 2022-09-28 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-10-06) | In the matter of the bankruptcy of Brian Wayne Flight |
| 2022-09-28 |
Application for leave to appeal, (Book Form), Required: Amended 23A - question 5 (Rec'd 2022-12-01), Completed on: 2023-03-06, (Printed version due on 2022-10-06) |
In the matter of the bankruptcy of Brian Wayne Flight |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| In the matter of the bankruptcy of Brian Wayne Flight | Applicant | Active |
| Flight, Amber Nicole | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Adamson, John | Respondent | Active |
Counsel
Party: In the matter of the bankruptcy of Brian Wayne Flight
Counsel
401 Bay Street, Suite 1600
Toronto, Ontario
M5H 2Y4
Telephone: (613) 219-0940
FAX: (416) 352-1634
Email: tara@remotelawcanada.com
Party: Flight, Amber Nicole
Counsel
401 Bay Street, Suite 1600
Toronto, Ontario
M5H 2Y4
Telephone: (613) 219-0940
FAX: (416) 352-1634
Email: tara@remotelawcanada.com
Party: Adamson, John
Counsel
1 First Canadian Place
100 King Street West, Suite 1600
Toronto, Ontario
M5X 1G5
Telephone: (416) 862-3604
FAX: (416) 862-7661
Email: haddon.murray@gowlingwlg.com
Summary
Keywords
Civil procedure — Costs — Bankruptcy and insolvency — Trustee — Bankrupt suing trustee in bankruptcy for failing to detect and respond to fraudulent activities of bankrupt’s bookkeeper —Should this Court award costs against the bankrupt party, where the lower court awarded costs in the cause to the bankrupt party, and the matter is returned to the lower Court for re-determination? — Whether this Court should award costs against a bankrupt party, where the court has not made a final determination on the issues in dispute?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In September, 2019, the applicant, Mr. Flight and his spouse brought an action personally against Mr. Flight’s trustee in bankruptcy, for fraud, negligence, breach of fiduciary duty, unjust enrichment, misfeasance and conversion, claiming $10 million in damages. Between 2004 and 2016, Mr. Flight, the sole proprietor of Heritage Painters & Services, made four assignments in bankruptcy. Each time, the respondent, Mr. Adamson of Adamson Inc., acted as the trustee in bankruptcy. Mr. Flight claimed that his financial ruin was the fault of Mr. Adamson for failing to detect and appropriately respond to fraudulent activities conducted by Mr. Flight’s bookkeeper. The trustee’s position was that Mr. Flight was required to obtain leave of the court under s. 215 of the Bankruptcy and Insolvency Act R.S.C. 1985, c. B-3. Mr. Flight brought a motion for directions as to whether he required leave of the court to continue his action. The motion judge held that leave was not required. This decision was overturned on appeal. The matter was remitted back to the Superior Court of Justice for a determination on whether leave ought to be granted. The respondents were awarded costs of the appeal.
Lower court rulings
Ontario Superior Court of Justice
2021 ONSC 4278, 35-2122786, CV-19-2035
Applicants not required to obtain leave to continue their action against the trustee in bankruptcy under s. 215 of the Bankruptcy and Insolvency Act,
Court of Appeal for Ontario
2022 ONCA 526, C69594
Leave to appeal granted, appeal allowed; matter returned to bankruptcy court to determine whether applicants should be granted leave to sue trustee in bankruptcy.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available