Court Backlog

December 4, 2018

The London, Ontario, (Bankruptcy) Court backlog is starting to pile up.  Licensed Insolvency Trustees are experiencing a backlog of matters involving discharge hears, proposal approvals and revivals as well as taxations.  This will have an impact on a significant number of people including those filing three or more bankruptcies or those who have not properly completed their duties while bankrupt.

The problem arose with the Retirement of the Bankruptcy Court Registrar, who presided over bankruptcy matters in a similar manner to that of a judge.  Typically hearing and making orders on unopposed matters and signing off on what are called basket matters (those not requiring a hearing but needing an order from the court).

Following the Registrar’s retirement (in September) some “urgent” matters have been adjudicated by various Justices who typically preside over other Commercial, or Family Court matters.  Nonetheless, other insolvency related matters are suffering because of the Court Backlog.

The message to insolvent individuals is try harder to stay on top of your file, ensure you are making all your payments on time and providing the requisite information to your Trustee.  That way you may avoid getting caught up in this problem.  If you are a third (or more) time bankrupt be patient.  Alternatively you could write to your MPP urging them to intervene by complaining to Caroline Mulroney, the Minister of Justice, asking for funds to be made available.