Winding-up and Restructuring Act (R.S.C., 1985, c. W-11)

Act current to 2014-09-15 and last amended on 2013-04-01. Previous Versions

Marginal note:Similar to ordinary suit

 The proceedings under a winding-up order shall be carried on as nearly as may be in the same manner as an ordinary suit, action or proceeding within the jurisdiction of the court.

  • R.S., c. W-10, s. 110.
Marginal note:Powers exercised by a single judge

 The powers conferred by this Act on a court may, subject to the appeal provided for in this Act, be exercised by a single judge thereof, and the judge may exercise those powers in chambers, either during term or in vacation.

  • R.S., c. W-10, s. 111.
Marginal note:Court may refer matters

 After a winding-up order is made, the court may, subject to an appeal according to the practice of the court in like cases, as to the court may seem meet, by order of reference, refer and delegate, according to the practice and procedure of the court, to any officer of the court any of the powers conferred on the court by this Act.

  • R.S., c. W-10, s. 112.
Marginal note:Service of process out of jurisdiction

 A court has the power and jurisdiction to cause or allow the service of process or proceedings under this Act to be made on persons out of the jurisdiction of the court, in the same manner, and with the like effect, as in ordinary actions or suits within the ordinary jurisdiction of the court.

  • R.S., c. W-10, s. 113.
Marginal note:Order of court deemed judgment

 Every order of a court or judge for the payment of money or costs, charges or expenses made under this Act shall be deemed a judgment of the court, and may be enforced against the person or goods and chattels, lands and tenements of the person ordered to pay in the manner in which judgments or decrees of any superior court obtained in any suit may bind lands or be enforced in the province where the court making the order is situated.

  • R.S., c. W-10, s. 114.
Marginal note:Ordinary practice in case of discovery

 The practice with respect to the discovery of assets of judgment debtors, in force in the superior courts or in any superior court in the province where any order is made under section 113, is applicable to and may be availed of in like manner for the discovery of the assets of any person who by that order is ordered to pay any money or costs, charges or expenses.

  • R.S., c. W-10, s. 115.
Marginal note:Attachment and garnishment

 Debts due to any person against whom an order for the payment of money, costs or expenses has been obtained may, in any province where the attachment and garnishment of debts is allowed by law, be attached and garnished in the same manner as debts in that province due to a judgment debtor may be attached and garnished by a judgment creditor.

  • R.S., c. W-10, s. 116.