Can a bankrupt sue for personal injury and then file for bankruptcy before the issue of court costs is resolved?
Yukon, Canada
The following excerpt is from Golden Hill Ventures Limited Partnership v. Ross Mining Limited, 2012 YKSC 102 (CanLII):
In Chaloux v. Kingston Fairgrounds Golf Course (2004), 2004 CanLII 25162 (ON SC), 48 C.B.R. (4th) 237 (Ont. S.C.), the bankrupt sued for personal injury and filed a voluntary assignment into bankruptcy before the issue of court costs was resolved. The court costs issue was addressed after the discharge of the bankrupt and Belch J. ruled that: 1. Compensation for personal injury did not vest in the trustee in bankruptcy; and 2. Court costs incurred after the discharge of the bankrupt were not extinguished by the assignment.
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