B.C. couple can't use bankruptcy to get out of paying $19M to regulator, appeal court rules
For the second time in a year, British Columbia's highest court has dismissed an appeal from a couple attempting to use bankruptcy to rid themselves of millions of dollars in penalties imposed by the province's financial markets regulator.
Thalbinder Singh Poonian and Shailu Poonian owe the B.C. Securities Commission a combined $19 million for market manipulation that a panel of the commission found them to have committed.
The total includes $13.5 million in administrative penalties and $5.5 million in "disgorgement of their ill-gotten gains," according to a statement from the BCSC.
In November, the B.C. Court of Appeal dismissed an appeal from the couple in which they argued that the master who handled their application for discharge from bankruptcy had erred in various ways when deciding not to release them from their BCSC debt.
That appeal was dismissed, with the trio of appeal judges agreeing there was "no merit in any of the grounds of appeal identified by the appellants."
The couple brought their most recent appeal against an order from the B.C. Supreme Court that declared their BCSC debts could not be released through the bankruptcy process.
In a decision issued earlier this month, the appeal court again rejected the couple's arguments.
This time, the Poonians argued that the supreme court judge had erred in relying on an Alberta court decision that was later reversed by that province's appeal court.
While the B.C. appeal judges did find that the supreme court judge had erred in this regard, they concluded that the lower court's decision was still correct. The couple's debts "arise from obtaining property or services by false pretenses or fraudulent misrepresentation," and are therefore valid exceptions to the list of debts that can be discharged through bankruptcy, the appeal judges wrote in their decision.
The BCSC sanctioned the Poonians in 2015 for manipulating the share price of OSE Corp., an Ontario company listed on the TSX Venture Exchange. The market manipulation occurred between 2007 and 2009.
"The panel concluded that the Poonians inflated the share price through trading among themselves, relatives, friends and acquaintances, and then illegally obtained approximately $7 million by selling OSE shares to unsuspecting buyers," the BCSC said in its statement.
So far, the Poonians have not paid any portion of the $19 million they owe the BCSC. Any part of the $5.5 million disgorgement that is recovered will be returned to investors, the commission said.
CTVNews.ca Top Stories
DEVELOPING Person on fire outside Trump's hush money trial rushed away on a stretcher
A person who was on fire in a park outside the New York courthouse where Donald Trump’s hush money trial is taking place has been rushed away on a stretcher.
Mandisa, Grammy award-winning 'American Idol' alum, dead at 47
Soulful gospel artist Mandisa, a Grammy-winning singer who got her start as a contestant on 'American Idol' in 2006, has died, according to a statement on her verified social media. She was 47.
She set out to find a husband in a year. Then she matched with a guy on a dating app on the other side of the world
Scottish comedian Samantha Hannah was working on a comedy show about finding a husband when Toby Hunter came into her life. What happened next surprised them both.
'It could be catastrophic': Woman says natural supplement contained hidden painkiller drug
A Manitoba woman thought she found a miracle natural supplement, but said a hidden ingredient wreaked havoc on her health.
Young people 'tortured' if stolen vehicle operations fail, Montreal police tell MPs
One day after a Montreal police officer fired gunshots at a suspect in a stolen vehicle, senior officers were telling parliamentarians that organized crime groups are recruiting people as young as 15 in the city to steal cars so that they can be shipped overseas.
Vicious attack on a dog ends with charges for northern Ont. suspect
Police in Sault Ste. Marie charged a 22-year-old man with animal cruelty following an attack on a dog Thursday morning.
Senators reject field trip to African Lion Safari amid elephant bill study
The Senate legal affairs committee has rejected a motion calling for members to take a $50,000 field trip to the African Lion Safari in southern Ontario to see the zoo's elephant exhibit.
Tropical fish stolen from Beachburg, Ont. restaurant found and returned
Ontario Provincial Police have landed a suspect following a fishy theft in Beachburg, Ont.
DEVELOPING G7 warns of new sanctions against Iran as world reacts to apparent Israeli drone attack
Group of Seven foreign ministers warned of new sanctions against Iran on Friday for its drone and missile attack on Israel, and urged both sides to avoid an escalation of the conflict.