What is the test for having to pay 50% of a judgment against a bankrupt?

Alberta, Canada


The following excerpt is from Frischknet (Re) (Trustee of), 1998 ABQB 276 (CanLII):

I have read Kozak v. Richter, 1973 CanLII 166 (SCC), [1973] 5 W.W.R. 470 S.C.C. In that case the bankrupt was required to pay 50 percent of the judgment recovered against him resulting from a motor vehicle accident in which he had been found guilty of wilful and wanton misconduct. He was a wage earner with a large family in very modest circumstances, but nevertheless was required to pay 50 percent.

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