Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2020-01-16 and last amended on 2016-06-22. Previous Versions

PART IGeneral (continued)

Appeals

Marginal note:Appeals

 Any person dissatisfied with an order or decision of the court or a single judge in any proceeding under this Act may,

  • (a) if the question to be raised on the appeal involves future rights,

  • (b) if the order or decision is likely to affect other cases of a similar nature in the winding-up proceedings, or

  • (c) if the amount involved in the appeal exceeds five hundred dollars,

by leave of a judge of the court, or by leave of the court or a judge of the court to which the appeal lies, appeal therefrom.

  • R.S., c. W-10, s. 103
  • R.S., c. 44(1st Supp.), s. 10
  • 1976-77, c. 28, s. 49(F)

Marginal note:Court of Appeal

 An appeal under section 103 lies to the highest court of final resort in or for the province or territory in which the proceeding originated.

  • R.S., c. W-10, s. 104

Marginal note:Practice

 All appeals shall be regulated, as far as possible, according to the practice in other cases of the court appealed to, but no appeal hereinbefore authorized shall be entertained unless the appellant has, within fourteen days from the rendering of the order or decision appealed from, or within such further time as the court or judge appealed from allows, taken proceedings therein to perfect his appeal, or unless, within that time, he has made a deposit or given sufficient security according to the practice of the court appealed to that he will duly prosecute the appeal and pay such damages and costs as may be awarded to the respondent.

  • R.S., c. W-10, s. 106
  • R.S., c. 44(1st Supp.), s. 10

Marginal note:Dismissing appeal

 Where an appellant does not proceed with his appeal according to this Act and the rules of practice applicable, the court appealed to, on the application of the respondent, may dismiss the appeal with or without costs.

  • R.S., c. W-10, s. 107

Marginal note:Appeal to Supreme Court of Canada

 An appeal, if the amount involved therein exceeds two thousand dollars, lies by leave of the Supreme Court of Canada to that Court from the highest court of final resort in or for the province or territory in which the proceeding originated.

  • R.S., c. W-10, s. 108
  • R.S., c. 44(1st Supp.), s. 10

Procedure

Marginal note:Describing liquidator

 In all proceedings connected with a company, a liquidator shall be described as the “liquidator of the (name of company)” or, in the case of an authorized foreign bank, the “liquidator of the business in Canada of the (name of the authorized foreign bank)” and not by individual name only.

  • R.S., 1985, c. W-11, s. 108
  • 1999, c. 28, s. 88

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

Marginal note:Witnesses attendance

 In any action, suit, proceeding or contestation under this Act, the court may order the issue of a writ of subpoena ad testificandum or of subpoena duces tecum, commanding the attendance, as a witness, of any person who is within Canada.

  • R.S., c. W-10, s. 117

Marginal note:Arrest of absconding contributory, etc.

 A court may, at any time before or after it has made a winding-up order, on proof being given that there are reasonable grounds to believe that any contributory or any past or present director, manager, officer or employee of the company is about to quit Canada or otherwise abscond, or to remove or conceal any of his goods or chattels, for the purpose of evading payment of calls or for avoiding examination in respect of the affairs of the company, cause that person to be arrested, his books, papers, moneys, securities for money, goods and chattels to be seized, and that person and property to be safely kept until such time as the court orders.

  • R.S., c. W-10, s. 118

Marginal note:Examination

 A court may, after it has made a winding-up order, summon before it or before any person named by it any officer of the company or person known or suspected to have in his possession any of the estate or effects of the company or supposed to be indebted to the company, or any person whom the court deems capable of giving information concerning the trade, dealings, estate or effects of the company.

  • R.S., c. W-10, s. 119

Marginal note:Person summoned refusing to attend

 If any person summoned under section 118, after being tendered a reasonable sum for his expenses, refuses, without a lawful excuse, to attend at the time appointed, the court may cause that person to be apprehended and brought up for examination.

  • R.S., c. W-10, s. 120

Marginal note:Production of papers

 The court may require any officer or person described in section 118 to produce before the court any book, paper, deed, writing or other document in his custody or power relating to the company.

  • R.S., c. W-10, s. 121

Marginal note:Lien on documents

 If any person claims any lien on papers, deeds, writings or documents produced by him, that production is without prejudice to the lien, and the court has jurisdiction in the winding-up to determine all questions relating to the lien.

  • R.S., c. W-10, s. 122

Marginal note:Examination on oath

 The court or a person named by it may examine, on oath, either by oral or written interrogatories, any person appearing or brought up in the manner described in section 119, concerning the affairs, dealings, estate or effects of the company, and may reduce to writing the answers of the person and require him to subscribe the answers.

  • R.S., c. W-10, s. 123

Marginal note:Inspection of books and papers

  •  (1) After a winding-up order has been made, the court may make such order for the inspection, by the creditors, contributories, shareholders or members of the company, of its books and papers, as the court thinks just.

  • Marginal note:Limitation of inspection

    (2) Any books and papers in the possession of the company may be inspected in conformity with the order of the court, but not further or otherwise.

  • R.S., c. W-10, s. 124
 
Date modified: