Personal Bankruptcy Forum


Author:   Anonymous
Date:   August 4, 2001
Question:  

RE: Bankruptcy Act Clause 208: Time within which prosecutions to be commenced.

208. A prosecution by indictment under this Act shall be commenced within five years from the time of the commission of the offence and, in the case of an offence punishable on summary conviction, the complaint shall be made or the information laid within three years from the time when the subject-matter of the complaint or information arose.

Please explain an indictment vs summary conviction precisely using dates assuming a commission of offence on say May 1 , 1995 and assumimng undisclosed assets at the time of declaration of bankruptcy.

In August 2001 or later, could an offence for hiding assets be prosecuted under this Act or any other Alberta provincial Act or Canadian Act? Did the statute of limitations for indictment expire on April 30, 2000 and summary conviction on April 30, 1998? Is there a different anchor date other than May 1, 1995 such as a discharge date?

Please explain.

 


From:
 

Ann Clarke, Collins Barrow Limited
Date:   August 7, 2001
Answer:   Your questions are well beyond the scope of this Q&A forum. Please consult a bankruptcy lawyer.

Ann Clarke
phone: (403) 296-2972
aclarke@moneyhelp.ca




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