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 UBERbase.com inc. (Aryza)
(January 26, 2022)
In the matter of:
Laura Gyldenbjerg
Laura Gyldenbjerg & 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 Laura Gyldenbjerg is the holder of an individual licence as Licenced Insolvency Trustee ("LIT") under the Act (3146);
Whereas Laura Gyldenbjerg & Associates Inc. is the holder of a corporate licence as LIT under the Act (3321);
Whereas Laura Gyldenbjerg carries out her professional activities within Laura Gyldenbjerg & Associates Inc.;
Whereas on January 20, 2022, the Office of the Superintendent of Bankruptcy (OSB) was informed that the LIT had passed away the day before;
Whereas by virtue of subsection 5(2) of the Act the Superintendent carries out the responsibility 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 subsection 14.03(2) of the Act;
Whereas the LIT operated individual and consolidated bank accounts with total inventory as at January 24, 2022, as follows: individual Division I proposal bank accounts consisting of 2 files; a consolidated Division II Proposal account consisting of 37 files; a consolidated summary administration bankruptcy bank account consisting of 55 files; and ordinary administration bankruptcy bank account consisting of 1 file;
Whereas on January 20, 2022, Ms. Jennifer Kidd, Senior Bankruptcy Analyst received a call from Ms. Anne-Marie Gyldenbjerg, the LIT’s sister, telling her that the LIT had passed;
Whereas the death of the LIT was confirmed by the reception on January 26, 2022, of the death certificate;
Whereas the LIT had no known plan of succession;
Whereas on January 20, 2022, Ms. Anne-Marie Gyldenbjerg confirmed over the phone that she was the testimonial executrix to the LIT’s will;
Whereas I believe on reasonable grounds that the estates require protection;
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 paragraph 14.03(2)(a) of the Act applies;
I, Zaeed Buksh, in my capacity as delegate for the Superintendent direct UBERbase.com inc. (Aryza) 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 Laura Gyldenbjerg and Laura Gyldenbjerg & Associates Inc., as well as to prevent any action that would make these electronic documents or data incomplete or inaccessible;
- immediately withdraw all rights of access to the UBERbase.com inc. (Aryza) computer system for any individual who currently has access to electronic documents or data related to the files of estates administered by Laura Gyldenbjerg and Laura Gyldenbjerg & Associates Inc.;
- provide, upon request, to the Office of the Superintendent of Bankruptcy (OSB), or parties identified by the OSB, access to electronic documents or data in the possession of UBERbase.com inc. related to the files of estates administered by Laura Gyldenbjerg and Laura Gyldenbjerg & Associates Inc.
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 UBERbase.com inc. (Aryza), 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 Vancouver, British Columbia, this 26th day of January 2022.
Zaeed Buksh
Assistant Superintendent, Office of the Superintendent of Bankruptcy