Is malicious prosecution and slander actionable against an undischarged bankrupt person?

Alberta, Canada


The following excerpt is from Whissell v. Bennett Jones Verchere, 1996 CanLII 10399 (AB QB):

The Plaintiff cites Cherry v. Ivey (1982), 1982 CanLII 2062 (ON SC), 43 C.B.R. (N.S.) 174 (Ont. H.C.), for the proposition that the unlawful destruction of credit and reputation of a person is actionable by an undischarged bankrupt person even though the alleged wrongful acts (malicious prosecution and slander in that case) have irreparably impaired his business activities.

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