BANKRUPTCY
Judicial review of complementary and ongoing disciplinary decisions rendered by delegate of Superintendent of Bankruptcy (delegate), in which plaintiff (trustee) found to have committed four of fifteen disciplinary offences charged with and imposing one-week suspension of trustee licence—Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3, s. 14.01(1) listing sanctions that may be taken against trustee—Drafted in such a way as to provide Superintendent or Superintendent’s delegate with option of not imposing any sanction, if justified by circumstances of case—Delegate therefore erred in law when, after having eliminated certain options, stated there were only two left, namely cancellation or suspension of licence—Application allowed in part.
Roy v. Poitras (T-360-05, 2006 FC 1386, Noël J., judgment dated 17/11/06, 35 pp.)