Ellis Dean Burlingham; Burlingham
Directions for Conservatory Measures to
Canada Post —
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:
Ellis Dean Burlingham and
Burlingham 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 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 section 14.03(2) of the Act;
Whereas on November 9, 2016, Randy Parker, a person to whom the Superintendent had delegated the Superintendent's powers as specified at subsection 14.03(1) of the Act, issued a direction for conservatory measures in the matter of Ellis Dean Burlingham and Burlingham Associates Inc. to Canada Post Corporation for the redirection of mail addressed to Mr. Ellis Dean Burlingham, Mr. Dean Burlingham, Mr. Ellis Dean Burlingham, Licensed Insolvency Trustee, Mr. Dean Burlingham, Licensed Insolvency Trustee, Mr. Ellis Dean Burlingham, Trustee in Bankruptcy, Mr. Dean Burlingham, Trustee in Bankruptcy, or Burlingham Associates Inc., located at 814-3rd Avenue, Saskatoon, Saskatchewan S7K 2K2 to Mr. Ken Pawlyna, Official Receiver, located at 9700 Jasper Avenue, Edmonton, Alberta T5J 4C3;
Whereas on December 1, 2016, Pinder Bueckert and Associates Inc. was substituted in place of Ellis Dean Burlingham and Burlingham Associates Inc., by court order, to administer the insolvency estates listed in Schedule "A" of said order;
Whereas the Superintendent has delegated to me, in accordance with subsection 14.01(2) of the Act, the powers of the Superintendent as specified at 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;
I, Joanne McKee, in my capacity as delegate for the Superintendent, remove the directions for conservatory measures issued to Canada Post Corporation on November 9, 2016;
That in accordance with section 14.03(3) of the Act, these directions bind Canada Post, who must comply with them;
That, pursuant to section 14.03(4) of the Act, a person who complies with this direction is not liable for any act done by that person only to comply with this direction.
Signed at the City of Calgary, Alberta, this 27th day of April, 2017.
Joanne McKee, Assistant Superintendent of Bankruptcy
This document has been reproduced as submitted by the delegate of the Superintendent of Bankruptcy.
- Date modified: