Ellis Dean Burlingham; Burlingham
Directions for Conservatory Measures to UBERbase—November 9, 2016
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 Ellis Dean Burlingham (the "Trustee") is the holder of an individual license as trustee in bankruptcy;
Whereas Burlingham Associates Inc. is the holder of a corporate license as a licensed insolvency trustee;
Whereas the Trustee is the sole practitioner of Burlingham Associates Inc.;
Whereas on October 31, 2016 a Deputy Registrar of the Saskatchewan Bankruptcy Court informed a creditor that October 31 was the last day of operation for Burlingham Associates Inc. who in turn informed the Office of the Superintendent of Bankruptcy (the “OSB”) of this information;
Whereas Mr. Ken Pawlyna, Senior Bankruptcy Analyst (the “SBA”) of the OSB, contacted the Trustee who confirmed his intention to close his office at the end of the day on October 31, 2016;
Whereas the Trustee further confirmed to the SBA that he was no longer accepting payment from debtors or bankrupts and indicated that he no longer wanted to maintain his licence as a licensed insolvency trustee;
Whereas the Trustee refused to provide the SBA with his home telephone number or any other contact information;
Whereas Ms. Audrey Berlovan, Supervisor, Program Activity Support, of the OSB indicated that she attended the office of Burlingham Associates Inc. on October 31, 2016 at 4:28 p.m. and found the door locked despite the fact that a sign on the door indicated office hours where until 5:00 p.m.;
Whereas telephone calls made to Burlingham Associates Inc. made on November 1, 2016 went unanswered;
Whereas no response was received to an email that was sent to the Trustee for the purpose of reconciling his inventory of open estates and requesting a response by close of business on November 1, 2016;
Whereas the Trustee has ceased to act and administer the estates under the administration of Burlingham Associates Inc.;
Whereas the Trustee’s current open file inventory totals 212 estates;
Whereas the current estate inventory is comprised of an aggregate amount of approximately $1,000,000 in the trust bank accounts;
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 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 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;
Whereas paragraphs 14.03(2)(a) and (g) of the Act apply;
I, Randy Parker, in my capacity as Delegate for the Superintendent and pursuant to paragraph 14.03(1)(b) of the Act, direct UBERbase:
- to take any steps deemed necessary to prevent the complete or partial destruction, alteration, deletion, overwriting, stripping, or migration of electronic documents or data related to the files of estates administered by Ellis Dean Burlingham and Burlingham Associates Inc., as well as to prevent any action that would make these electronic documents or data incomplete or inaccessible.
- to immediately withdraw all rights of access to the UBERbase computer system for any individual who currently has access to electronic documents or data related to the files of estates administered by Ellis Dean Burlingham and Burlingham Associates Inc.
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 UBERbase, who must comply with them;
That, pursuant to subsection 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 Edmonton, Alberta, this 9th day of November 2016.
Assistant Superintendent of Bankruptcy
This document has been reproduced as submitted by the delegate of the Superintendent of Bankruptcy.
- Date modified: