Court deems COVID-19 measures a “misfortune”

COVID-19 is still wreaking havoc on people’s lives.

But it’s heartwarming to see that the courts are taking into account hardship.

In a brief bankruptcy ruling in Syndic de Deutsch, 2022 QCCS 222, Quebec Superior Court held that:

[14] There is no doubt that the measures put in place by the federal and provincial governments are a “misfortune” (“un malheur”) and the Court must consider even sua sponte the application of Article 175 of the Bankruptcy and Insolvency Act for bankruptcies filed after March 2020.

[15] In this particular case, the requirements of Article 175 of the Bankruptcy and Insolvency Act are not met however I consider the economical context.

[16] Neither the Superintendent of Bankruptcy nor any creditors have opposed the discharge of the Bankrupt.

[14] The bankruptcy and Insolvency Act’s objective is the social and economical rehabilitation of an honest but unlucky debtor and I hereby grant Ms. Irit Deutsch an Absolute Discharge from her bankruptcy. (my emphasis).

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