Bankruptcy and Insolvency Act

Marginal note:Seal of court

• 187 (1) Every court shall have a seal describing the court, and judicial notice shall be taken of the seal and of the signature of the judge or registrar of the court in all legal proceedings.

• Marginal note:Court not subject to be restrained

  (2) The courts are not subject to be restrained in the execution of their powers under this Act by the order of any other court.

• Marginal note:Power of judge in chambers

  (3) Subject to this Act and to the General Rules, the judge of a court may exercise in chambers the whole or any part of his jurisdiction.

• Marginal note:Periodical sittings

  (4) Periodical sittings for the transaction of the business of courts shall be held at such times and places and at such intervals as the court directs.

• Marginal note:Court may review, etc.

  (5) Every court may review, rescind or vary any order made by it under its bankruptcy jurisdiction.

• Marginal note:Enforcement of orders

  (6) Every order of a court may be enforced as if it were a judgment of the court.

• Marginal note:Transfer of proceedings to another division

  (7) The court, on satisfactory proof that the affairs of the bankrupt can be more economically administered within another bankruptcy district or division, or for other sufficient cause, may by order transfer any proceedings under this Act that are pending before it to another bankruptcy district or division.

• Marginal note:Trial of issue, etc.

  (8) The court may direct any issue to be tried or inquiry to be made by any judge or officer of any of the courts of the province, and the decision of that judge or officer is subject to appeal to a judge in bankruptcy, unless the judge is a judge of a superior court when the appeal shall, subject to section 193, be to the Court of Appeal.

• Marginal note:Formal defect not to invalidate proceedings

  (9) No proceeding in bankruptcy shall be invalidated by any formal defect or by any irregularity, unless the court before which an objection is made to the proceeding is of opinion that substantial injustice has been caused by the defect or irregularity and that the injustice cannot be remedied by any order of that court.

• Marginal note:Proceedings taken in wrong court

  (10) Nothing in this section invalidates any proceedings by reason of their having been commenced, taken or carried on in the wrong court, but the court may at any time transfer to the proper court the petition, application or proceedings, as the case may be.

• Marginal note:Court may extend time

  (11) Where by this Act the time for doing any act or thing is limited, the court may extend the time either before or after the expiration thereof on such terms, if any, as it thinks fit to impose.

• Marginal note:Court may dispense with certain requirements respecting notices

  (12) Where in the opinion of the court the cost of preparing statements, lists of creditors or other material required by this Act to be sent with notices to creditors, or the cost of sending the material or notices, is unjustified in the circumstances, the court may give leave to omit the material or any part thereof or to send the material or notices in such manner as the court may direct.