6.11: Evidence at application hearings
13.29: Certified copies of original records

Case Summary

The Bankrupt, Mr. Gustafson paid out three credit cards in the three months prior to his Bankruptcy Proposal to creditors. The Applicant, the bankruptcy trustee for Mr. Gustafson, applied to set aside the credit card payments on the basis that they were preferences. In considering the proper form of evidence for the Application, the Court held that Rule 6.11 governed, and that affidavit evidence was generally the form of evidence for chambers applications. The Court held further that Rule 13.29(3) permits entering a certified copy of an original record as evidence of the procedural steps taken in an action.

Based on the Rules of Court and the Bankruptcy and Insolvency Act, RSC 1985, c B-3, the Court noted that forms under the Bankruptcy and Insolvency Act are relied upon in bankruptcy court as proof of the truth of the contents. The Court accepted the bankruptcy forms as evidence of the bankruptcy proceedings and further treated the Trustee’s report as though it was affidavit evidence. Registrar Schlosser set aside the credit card payments, and held that the funds were payable to the Trustee for the benefit of the Estate.

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