Can a bankrupt be held responsible for a shortfall of over 50%?
Nova Scotia, Canada
The following excerpt is from Carey (Re), 2018 NSSC 264 (CanLII):
The burden of establishing the exception – that is, that the bankrupt “cannot justly be held responsible” for a shortfall of over 50% - is on the bankrupt: Samson v. Alliance Nationale (1935), 17 CBR 304 (Que. CA), applied in Re George, supra.
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