Direction to Tammy Turner

Conservatory Measures

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.

Canada

In the matter of:
Ralph Gordon Plaskett
Plaskett & Associates Limited


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 Ralph Gordon Plaskett (former trustee) is no longer the holder of a valid individual licence as trustee in bankruptcy;

Whereas Plaskett & Associates Limited is no longer the holder of a valid corporate licence as trustee in bankruptcy;

Whereas new facts have arisen in the bankruptcy estate John Peter Meister (the bankrupt), estate number 32-042179, who filed and Assignment in Bankruptcy on April 27, 1990;

Whereas the property located at 2178 Stillmeadow Road, Mississauga, ON, was previously owned by the bankrupt and his spouse who placed a mortgage with Royal Trust Corporation of Canada;

Whereas the bankrupt and his spouse defaulted on the mortgage and a power of sale proceeding was commenced by the mortgagee;

Whereas the service of the power of sale was defective insofar as the former trustee was not given notice of the proceeding;

Whereas the former trustee registered, on Title, an Assignment for General Benefit of Creditors on May 2, 1990, and should have been included in the power of sale proceeding;

Whereas the successors in title purchased the property on July 31, 1998, and the defect in title has arisen in regard to their attempt to refinance the property;

Whereas a Quit Claim Deed is required to rectify the defect in the title of the property;

Whereas the trustee appointed in the bankruptcy estate 32-042179 has been discharged since February 24, 1993, and the trustee no longer holds a valid trustee licence;

Whereas I believe on reasonable grounds that the estate requires 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 of Bankruptcy 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 paragraph 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 paragraph 14.03(1)(a) of the Act applies;

I, Elisabeth Lang, in my capacity as delegate of the Superintendent, direct Ms. Tammy Turner, trustee in bankruptcy, as agent of the Office of the Superintendent of Bankruptcy:

to do whatever is necessary to complete the administration of bankruptcy estate 32-042179 including taking whatever measures or remedies she considers appropriate.

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 section 14.03(3) of the Act, these directions bind Ms. Tammy Turner, 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 Ottawa, Ontario, this 2nd day of March, 2011.

space to insert signature
Elisabeth Lang
Director General, Program Policy and Regulatory Affairs

This document has been reproduced as submitted by the delegate of the Superintendent of Bankruptcy.
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