Bankruptcy and Insolvency General Rules (C.R.C., c. 368)
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Regulations are current to 2013-04-29 and last amended on 2011-03-25. Previous Versions
7. An assignment, proposal or notice of intention that is respectively offered, lodged or filed pursuant to the Act must be offered, lodged or filed by service, personal delivery, mail, courier, facsimile or electronic transmission.
- SOR/78-389, s. 1;
- SOR/98-240, s. 1.
8. An interim receiver, a trustee, an administrator of a consumer proposal, an official receiver or a representative of the Superintendent is not required to be represented by a barrister or solicitor or, in the Province of Quebec, an advocate when appearing before a registrar on any court proceeding under the Act.
- SOR/98-240, s. 1;
- SOR/2007-61, s. 4(E).
COURT PROCEEDINGS
9. (1) All proceedings used in court must be dated and entitled in the name of the court in which they are used, together with the words “in Bankruptcy and Insolvency”.
(2) Every document used in the filing of a bankruptcy application or used after the filing of an assignment must be entitled “In the Matter of the Bankruptcy of...”.
(3) Every document used in the filing of a proposal before bankruptcy must be entitled “In the Matter of the Proposal of...”.
(4) Every document used in the course of a receivership must be entitled “In the Matter of the Receivership of...”.
(5) Unless the Chief Justice, Associate Chief Justice or Commissioner, as the case may be, referred to in section 184 of the Act otherwise directs, every document that is required to be filed in court must first be filed at the office of the registrar.
(6) If the court deems necessary that any notice be sent to the Superintendent in any proceeding before it, a copy of that notice shall be sent to the Division Office.
- SOR/98-240, s. 1;
- SOR/2007-61, s. 63(E), 64.
10. If any proceedings are transferred from one court to another court under subsection 187(7) or (10) of the Act, the registrar of the former court shall send the file to the registrar of the latter court, with a copy of the order of transfer attached to it.
- SOR/98-240, s. 1;
- SOR/2007-61, s. 63(E).
MOTIONS
11. Subject to these Rules, every application to the court must be made by motion unless the court orders otherwise.
- SOR/98-240, s. 1.
12. The Superintendent may intervene in any application to the court by filing a notice of intervention with the court.
- SOR/98-240, s. 1.
13. Subject to any order of the court given in exigent circumstances, a party who makes a motion must, at least one day before the day set for the hearing of the motion, file with the court
(a) the original of the notice of motion, or the motion, as the case may be;
(b) every affidavit in support of the notice of motion or the motion, as the case may be; and
(c) proof of service, if any, of the documents described in paragraphs (a) and (b).
- SOR/98-240, s. 1;
- SOR/2005-284, s. 2.
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