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.
DIRECTION TO THE OFFICIAL RECEIVER
(March 20, 2018)
In the matter of:
Michael Carson, Shannon Desaulniers and
Surgeson Carson Associates Inc.
DIRECTIONS FOR REMOVAL OF CONSERVATORY MEASURES
RE: SHANNON DESAULNIERS
(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 Michael Carson is the holder of an individual licence as a licensed insolvency trustee;
Whereas Surgeson Carson Associates Inc. is the holder of a corporate licence as a licensed insolvency trustee;
Whereas Carson is an owner of Surgeson Carson Associates Inc. and a licensed insolvency trustee practitioner of Surgeson Carson Associates Inc.;
Whereas Shannon Desaulniers is the holder of an individual licence as a licensed insolvency trustee and is employed by Surgeson Carson Associates Inc.;
Whereas on December 11, 2017, a direction for conservatory measures was issued to the Official Receiver to not appoint Michael Carson, Shannon Desaulniers and Surgeson Carson Associates Inc. in respect of any new insolvency estates and not accept any filings from Michael Carson, Shannon Desaulniers and Surgeson Carson Associates Inc. by mail, facsimile or electronically;
Whereas on January 26, 2018, Raymond Chabot Inc. was substituted in place of Michael Carson, Shannon Desaulniers and Surgeson Carson Associates Inc., by court order, to administer the insolvency estates listed in Schedule "A" of said order;
Whereas Shannon Desaulniers is no longer employed by Surgeson Carson Associates Inc. and has agreed to have voluntary restrictions imposed on her Licenced Insolvency Trustee licence;
Whereas I, Jack Steinman, am satisfied that the above-mentioned direction for conservatory measures issued on December 11, 2017, is no longer required with respect to Shannon Desaulniers only;
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, Jack Steinman, in my capacity as delegate for the Superintendent, remove the direction for conservatory measures issued to the Official Receiver on December 11, 2017, as it applies to Shannon Desaulniers only;
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 Ottawa, Ontario, this 20th day of March 2018.Jack Steinman
Regional Director, Ontario Region