Directions to the Official Receiver (March 21, 2011)
What is a conservatory measure?
The Superintendent of Bankruptcy puts in place conservatory measures when a bankruptcy or insolvency estate needs protection. It might be in cases of Licensed Insolvency Trustee (LIT) malfeasance or if serious wrongdoing on the part of a LIT puts estate files at risk. Conservatory measures may also be put in place if a LIT becomes ill or dies without a valid succession agreement. Finally, conservatory measures may be put in place if a LIT, for whatever reason, has allowed the administration of his or her practice to become substandard.
In the matter of:
Edward Carleton White
Edward White & Associates Inc.
Directions for Conservatory Measures
(Section 14.03 of the Bankruptcy and Insolvency Act)
Whereas the Bankruptcy and Insolvency Act (the Act) provides the Superintendent of Bankruptcy (the Superintendent) with the general power to supervise the administration of all estates and matters to which the Act applies;
Whereas Edward Carleton White (the trustee) is the holder of an individual license as trustee in bankruptcy;
Whereas Edward White & Associates Inc. (the trustee) is the holder of a corporate license as trustee in bankruptcy;
Whereas the trustee is the sole practitioner of Edward White & Associates Inc.;
Whereas the trustee's inventory consists of 272 open estates;
Whereas on March 17, 2011, the trustee contacted Joy Shortt, Senior Bankruptcy Analyst (SBA) of the Office of the Superintendent of Bankruptcy (OSB) and informed her that:
- The trustee's practice is not doing well and therefore, he plans to wind up his practice;
- The trustee owed 2½ months in rent arrears for his office located at 65 Overlea Boulevard, Suite 260, Toronto, Ontario and, believed that the landlord was likely to terminate the lease;
- The trustee had talked to certain insolvency practitioners in the area but did not have any offers or ongoing negotiations to report in respect of his practice or files under his administration;
- The trustee had laid off his two employees as he was unable to pay their salaries and, had removed the servers to an outside storage facility in Oshawa, Ontario; and,
- The trustee was not accepting any new appointments.
Whereas on March 17, 2011, the SBA asked the trustee for his current summary of estate balances, copies of most recent bank statements along with the bank reconciliation for the month of January 2011 and, the landlord's contact information;
Whereas on March 17, 2011, the trustee responded to the SBA and provided the information pertaining to the landlord but failed to provide the requested bank statements, reconciliation and summary of estate balances; stating instead, that the January 2011 banking documents have already been filed and it would be easier for him to provide the February 2011 trust account reconciliation;
Whereas on March 18, 2011, the trustee spoke with Abubakar Khan, Assistant Superintendent of the OSB and confirmed the facts previously reported to the SBA; advised that he expects that the landlord will terminate the lease before the end of March 2011; and was advised that given the circumstances, the OSB shall be considering conservatory measures to protect the estates;
Whereas I believe on reasonable grounds that the estates require protection;
Whereas the Superintendent may, for the protection of an estate, exercise the powers set out in subsection 14.03(1) of the Act, in the circumstances referred to in subsection 14.03(2) of the Act;
Whereas the Superintendent has delegated to me, in accordance with
subsection 14.01(2) of the Act, the powers of the Superintendent as specified in subsection 14.03(1) of the Act, in the circumstance referred to in subsection 14.03(2), a copy of which delegation is attached, along with copies of sections 14.01, 14.02 and 14.03 of the Act;
Whereas paragraphs 14.03(1)(c) and (d) and (2)(a) and (e) of the Act apply;
I, Abubakar Khan, in my capacity as delegate for the Superintendent, direct:
That, pursuant to paragraph 14.03(1)(d) of the Act, the Official Receiver not appoint Edward Carleton White and Edward White & Associates Inc. in respect of any new estates until a decision is made under subsection 13.2(5) or 14.01(1), or until such time as the undersigned is satisfied that the estates no longer require protection;
That these directions take effect immediately and will remain in effect until such time as the undersigned is satisfied that they are no longer required;
That in accordance with subsection 14.03(3) of the Act, these directions bind the Official Receiver, who must comply with them;
That pursuant to subsection 14.03(4) of the Act, a person who complies with these directions is not liable for any act done by that person only to comply with these directions.
Signed at the City of Toronto Ontario this 21st day of March, 2011.
Office of the Superintendent of Bankruptcy
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