Plaintiff
Defendant
Facts: International Private Vaults Inc. (IPV), operated by Katherine and William Thomas, rented safety deposit boxes in Richmond, BC. Plaintiffs Hsu and Kulanayagam allege IPV misappropriated items from their rented safety deposit boxes.
Issue: Plaintiffs sought to lift a stay of proceedings against the Thomases, who were protected by consumer proposals under the Bankruptcy and Insolvency Act, to proceed with their claims of misappropriation, conversion, and unjust enrichment.
Court's Ruling: The court granted the applications to lift the stay, allowing the plaintiffs to proceed with their claims against the Thomases. The court found compelling reasons to lift the stay, including potential debts arising from alleged fraud, embezzlement, misappropriation, or defalcation while acting in a fiduciary capacity. The court also allowed Hsu to add the Thomases as defendants in his action.
Costs/Damages Awarded: The plaintiffs were successful in their applications and were each entitled to costs in the cause against IPV, Mr. Thomas, and Ms. Thomas.
Court
Supreme Court of British ColumbiaCase Number
S231176Practice Area
Bankruptcy & insolvencyAmount
Winner
PlaintiffTrial Start Date
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