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
Directions to the Official Receiver
July 7, 2021
In the matter of:
Antonina Miller
A. Miller & 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 Antonina Miller is the holder of an individual licence as Licenced Insolvency Trustee (“LIT”) under the Act (2223);
Whereas A. Miller & Associates Inc. is the holder of a corporate licence as LIT under the Act (2790);
Whereas Antonina Miller carries out her professional activities within A. Miller & Associates Inc.;
Whereas to ensure the practices of the various LITs across the country are compliant, the Superintendent carries out monitoring activities to ensure that LITs administer files in accordance with legal requirements and carry out their responsibilities with care and diligence;
Whereas the LIT operates individual and consolidated bank accounts with total inventory as at June 29, 2021, as follows: individual Division I proposal bank accounts consisting of 3 files; a consolidated Division II Proposal account consisting of 10 files; a consolidated summary administration bankruptcy bank account consisting of 133 files; 1 term deposit, and ordinary administration bankruptcy bank accounts consisting of 10 files;
Whereas on June 22, 2021, Mr. Murray Ferron, Senior Bankruptcy Analyst and Mr. Patrick Tanedo, Acting Assistant Superintendent, of the Office of the Superintendent of Bankruptcy (“OSB”) held a teleconference with the LIT regarding the LIT’s capacity to continue the administration of the estates under the LIT’s personal and corporate licences;
Whereas the LIT has informed Mr. Murray Ferron, in an email dated June 25, 2021, that, due to personal reasons, the LIT has requested that her licence be cancelled;
Whereas on June 28, 2021, the LIT confirmed the June 25, 2021, cancellation request to Mr. Ferron and Mr. Tanedo, both verbally and in writing;
Whereas I believe on reasonable grounds that the estates require protection;
Whereas the Superintendent of Bankruptcy 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 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)(d) and 14.03(2)(a) & (g) of the Act apply;
I, Sergio Ciardullo, in my capacity as delegate for the Superintendent direct:
That the Official Receiver not appoint Antonina Miller and A. Miller & Associates Inc. in respect of any new estates and not accept any new estate filings from Antonina Miller and A. Miller & Associates Inc. by mail, facsimile or electronically;
That these directions take effect immediately and will remain in effect until such time as I am satisfied that the estates no longer require protection;
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 this direction is not liable for any act done by that person only to comply with this direction.
Signed at the City of Toronto, Ontario, this 7th day of July 2021.
Sergio Ciardullo
A/Associate Deputy Superintendent, National Programs