By Sarah D. Pinsonnault The act of discharging debts under the Bankruptcy and Insolvency Act (“BIA”) is based on the premise thathonest and unfortunate debtors deserve a fresh start in life and to be freedfrom former financial obligations (a.k.a. the “fresh start” principle). Section178(1) BIA stands however as an exception to the “fresh start” principle, inthat a creditor may seek a declaration whereby one of the pre-bankruptcy debts listedin this section survives the bankrupt’s discharge. One such debt would be anaward for damages in a civil proceeding in respect of “bodily harmintentionally inflicted” by the bankrupt (s. 178(1)(a.1)(i) BIA). In Leighton v. Best, 2015 ONCA 180, we learn that the creditor must prove theactual intent on behalf of the bankrupt to cause bodily harm, and not his mereintent to commit an act that could lead to bodily harm. However, in instanceswhere there may lack direct proof of intentional infliction of harm,… Lire la suite
