Podollan v. Trustee of Estate of David Podollan
Leah Podollan
Trustee of Estate of David Podollan
Law Firm / Organization
Lawson Lundell LLP
Lawyer(s)

Scott R. Andersen

David Podollan
Law Firm / Organization
Lawson Lundell LLP
Lawyer(s)

Scott R. Andersen

Background: Leah Podollan contested an order under the Bankruptcy and Insolvency Act (BIA), which voided a separation agreement and certain property transfers as they were deemed transfers at undervalue. The court dealt with the appeal of Leah Podollan against the Trustee of the Estate of David Podollan.

Legal Issues: Leah Podollan's appeal addressed the late filing beyond the standard 10-day appeal period under BIA rules, claiming instead a 30-day period under Court of Appeal Rules was applicable. She also sought to reverse the declaration that the separation agreement was void, arguing that agreements should not be set aside, only transfers.

Court Ruling: The court dismissed the Trustee’s motion to declare the appeal as abandoned due to the expiry of the standard appeal window. Leah Podollan was granted an extension for filing the appeal. The judgment acknowledged that the abbreviated appeal period under the BIA was not widely known, which contributed to the delay. Importantly, it was determined that the order under appeal involved a substantive exercise of jurisdiction under the BIA, thus adhering to its rules.

Costs/Award: The document did not specify the total amount of costs or award granted in favor of Leah Podollan. The focus was primarily on the procedural aspects concerning the timeliness and legitimacy of the appeal rather than any financial implications.

Court of Appeals for British Columbia
CA49668
Bankruptcy & insolvency
Appellant