Friedman & Friedman Inc. v. Canada ( Superintendent of Bankruptcy )
T-1600-99
Pelletier J.
13/12/99
5 pp.
Plaintiff Friedman & Friedman Inc. appointed trustee in bankruptcy of Pourvoirie J.B. Scott, Harry Bick charged with administering assets-Once administration complete trustee company filed application for discharge but Mr. Mayrand, Superintendent of Bankruptcy, objected-Application for discharge nevertheless granted-Bankruptcy and Insolvency Act stating discharge of trustee relieves him of responsibility "in relation to his conduct as trustee"-Proceeding led to issuing of report by Mr. Leduc-Plaintiffs filed application for judicial review asking Court to quash Mr. Leduc's report-Messrs. Mayrand and Leduc filed notices of motion asking notice of application for judicial review be struck out on ground no decision or order of federal board, commission or other tribunal subject to judicial review-In proceeding supposed to be summary one, Court faced with three notices of motion and reply record-For reasons given by Federal Court of Appeal in David Bull Laboratories (Canada) Inc. v. Pharmacia Inc., [1995] 1 F.C. 588, notices of motion by Messrs. Mayrand and Leduc dismissed, subject to latter's right to make same argument to Court considering notice of application for judicial review-Plaintiffs' notice of motion also dismissed for same reasons and subject to same rights-Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3.