SUPERIOR COURT OF QUÉBEC

Similar documents
SUPERIOR COURT OF QUÉBEC

Case Doc 1365 Filed 02/23/15 Entered 02/23/15 11:36:27 Desc Main Document Page 1 of 2 UNITED STATES BANKRUPTCY COURT DISTRICT OF MAINE

Corporate Reorganization Act

The Credit Reporting Agencies Act

UNITED STATES BANKRUPTCY COURT LOCAL RULES WESTERN DISTRICT OF TEXAS

8. Foreign judgments which can be registered not to be enforceable otherwise

Chapter 4 Creditors Voluntary Winding Up Application of Chapter. MKD/096/AC#

Adopted: 2013 Amendments effective Oct 2016

Civil Procedure Act 2005

SaaS Software Escrow Agreement [Agreement Number EL ]

THE LAWS OF THE VIRGIN ISLANDS. STATUTORY INSTRUMENT No. 45 of 2005 INSOLVENCY RULES, 2005

THE COURTS ACT. Rules made by the Chief Justice, after consultation with the Rules Committee and the Judges, under section 198 of the Courts Act

PART THREE CIVIL CASES

REGISTRANT AGREEMENT Version 1.5

Rules of the High Court (Amendment) Rules 2008

ZIMBABWE ACT. ENACTED by the Parliament and the President of Zimbabwe. PART I PRELIMINARY

The Conditional Sales Act

S U P E R I O R C O U R T (Commercial Division)

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

VIRGIN ISLANDS INSOLVENCY (TRANSITIONAL PROVISIONS) REGULATIONS, 2004 ARRANGEMENT OF REGULATIONS

THE SMALL CLAIMS COURT BILL, 2007

Rules of the High Court (Family Proceedings) 2009 PART 2 ORDERS WITH RESPECT TO CHILDREN

SUPERIOR COURT Commercial Division (In matters of bankruptcy and insolvency) -and- RAYMOND CHABOT INC. -and- BDC CAPITAL INC.

CHAPTER LIMITED PARTNERSHIP ACT

JURISDICTION OF REGIONAL COURTS AMENDMENT ACT

Winding up by court 568. Application of Chapter 569. Circumstances in which company may be wound up by the court

Rules for the conduct of proceedings before the CCMA. Act. Published under. GN R1448 in GG of 10 October as amended by

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST. IN THE MATTER OF THE COMPANIES CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c.

CARIBBEAN COURT OF JUSTICE APPELLATE JURISDICTION RULES 2017

Government Gazette REPUBLIC OF SOUTH AFRICA

Assessment Review Board

PART 6: RESOLVING ISSUES AND PRESERVING RIGHTS

LOCAL RULES OF THE COURT OF APPEAL, FOURTH CIRCUIT SUPPLEMENTING AND/OR SUPERSEDING UNIFORM RULES OF LOUISIANA COURTS OF APPEAL

3RD CIRCUIT LOCAL APPELLATE RULES Proposed amendments Page 1

ARBITRATION RULES. Arbitration Rules Archive. 1. Agreement of Parties

ADR INSTITUTE OF CANADA, INC. ADRIC ARBITRATION RULES I. MODEL DISPUTE RESOLUTION CLAUSE

CHAPTER 26 THE DEEDS OF ARRANGEMENT ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS

THE ELECTRICITY ARBITRATION ASSOCIATION

THE STATUTES OF THE REPUBLIC OF SINGAPORE ARBITRATION ACT (CHAPTER 10)

2011 No. 586 (L. 2) SENIOR COURTS OF ENGLAND AND WALES COUNTY COURTS, ENGLAND AND WALES. The Civil Proceedings Fees (Amendment) Order 2011

Estonian Central Register of Securities Act 1

Administrative Rules for the Office of Professional Regulation Effective date: February 1, Table of Contents

DISTRICT COURT ACT. ANNO VICESIMO SECUNDO ELIZABETHE II REGINE. Act No. 9, 1973.

557. Hearing of proceedings otherwise than in public Power of court to order the return of assets which have been improperly transferred.

The Conditional Sales Act

NC General Statutes - Chapter 44A Article 2 1

RULE 82 CRIMINAL APPEAL RULE INTERPRETATION AND DEFINITIONS

The purpose of this book is to outline, at an introductory level, bankruptcy

COMPANIES AMENDMENT ACT 2000 BERMUDA 2000 : 29 COMPANIES AMENDMENT ACT 2000

mg Doc 2 Filed 03/29/13 Entered 03/29/13 14:27:51 Main Document Pg 1 of 18

The Proposed National Chapter 13 Plan And Related Proposed Amendments to Bankruptcy Rules

REPRESENTATIONS AND WARRANTIES OF SELLER.

NEBRASKA RULES OF BANKRUPTCY PROCEDURE. Adopted by the United States District Court for the District of Nebraska April 15, 1997

Chamber of Commerce Act, B.E (1966) BHUMIBOL ADULYADEJ, REX. Given on the 4th day of April, B.E.2509; Being the 21st Year of the Present Reign.

ADMINISTRATIVE DIRECTION NO. 2008/6. The Special Representative of the Secretary-General,

Impact of enforcement of the Insolvency and Bankruptcy Code, 2016 on the sections to the Companies Act, 2013

VALEANT PHARMACEUTICALS INTERNATIONAL, INC. (the Company )

LIMITED PARTNERSHIPS (JERSEY) LAW 1994

No. 1 of 2015 Nevis Limited Liability Company Island of Nevis (Amendment) Ordinance, 2015 ARRANGEMENT OF SECTIONS

OVERVIEW OF CROATIAN BANKRUPTCY SYSTEM

Case KJC Doc 25 Filed 11/22/17 Page 1 of 13 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) )

DISTRIBUTED BY VERITAS TRUST

Administrative Notice. Bankruptcy Proceedings before a Registrar in Bankruptcy

BODIES CORPORATE (OFFICIAL LIQUIDATIONS) ACT, 1963 (ACT 180). ARRANGEMENT OF SECTIONS PART I OFFICIAL LIQUIDATIONS

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO LOCAL COURT RULES

NOTICE OF APPLICATION

The Small Claims Act, 2016

PLEASE NOTE Legislative Counsel Office not Table of Public Acts

FINANCIAL SERVICES DIVISION GUIDE GRAND COURT CAYMAN ISLANDS SECOND EDITION

RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT

IN THE MATTER OF THE COMPANIES CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED

SINGAPORE COMPANIES ACT (Cap. 50) PART VIII RECEIVERS AND MANAGERS

Relevant Excerpts of the Rules of the City of New York Title 61 - Office of Collective Bargaining Chapter 1 - Practice and Procedure

BANKRUPTCY ACT (CHAPTER 20)

Republic of Palau Corporation Regulations

ADVOCATES ACT CHAPTER 16 LAWS OF KENYA

Bourse de Montréal Inc. 3-1 RULE THREE APPROVED PARTICIPANTS. I. General Provisions

1965 (1st sess.), c. 80, a. 940; 1986, c. 73, s. 2.

Case Document 763 Filed in TXSB on 11/06/18 Page 1 of 18

NC General Statutes - Chapter 1 Article 31 1

The Protection of Investors (Administration and Intervention) (Bailiwick of Guernsey) Ordinance, 2008

Copyright Juta & Company Limited

INSOLVENCY REGULATIONS [ ]

LABOUR COURT RULES, 2017 ARRANGEMENT OF RULES PART I PRELIMINARY

SUPERIOR COURT. (Commercial Division) PRESIDING : THE HONOURABLE MARTIN CASTONGUAY, J.S.C.

COURT OF APPEAL RULES TABLE OF CONTENTS

PART 7 CHARGES AND DEBENTURES. Chapter 1. Interpretation. Chapter 2. Registration of charges and priority

RULES FOR THE CONDUCT OF PROCEEDINGS IN THE LABOUR COURT. as promulgated by. Government Notice 1665 of 14 October 1996.

The Attachment of Debts Act

Bylaws of Rope Skipping Canada

INSOLVENCY REGULATIONS 2015

RULE CHANGE 2017(10) COLORADO APPELLATE RULES

Court Administration. Case Management Plan

Exhibit G HKSAR Companies Ordinance, Cap 32 (full text)

Arrangement /Compromise When a Company is a Going Concern

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO LOCAL COURT RULES

JURISDICTION OF REGIONAL COURTS AMENDMENT BILL

Petroleum Products and Energy Act 13 of 1990 section 4A(2)(b)

Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes)

The Queen s Bench (Civil Mediation) Regulations

Transcription:

SUPERIOR COURT OF QUÉBEC CONSOLIDATED NOTICES TO MEMBERS OF THE BAR COMMERCIAL DIVISION GENERAL RULES 1. Commercial Proceedings Any application based in substance upon the provisions of the following statutes is considered a commercial proceeding and must be instituted in the Commercial Division: a) Statutes of Canada : Bankruptcy and Insolvency Act Companies' Creditors Arrangement Act Winding-up and Restructuring Act Farm Debt Mediation Act Bank Act Canada Business Corporations Act Commercial Arbitration Act b) Statutes of Québec : Civil Code of Québec: o Article 2230 (Dissolution and liquidation of partnerships in commercial matters) Code of Civil Procedure: o Article 946.1 (homologation of an arbitration award in commercial matters) o Article 949.1 (recognition and execution of arbitration awards made outside Quebec in commercial matters) Winding-up Act Business Corporations Act Securities Act An Act respecting the Autorité des Marchés Financiers c) As well as any other application of a commercial nature so determined, by the Commercial Division Coordinating Judge, or by any other judge designated by him, whether it be on his own initiative or at the request of a party. 2. General Provisions 2.1 Commercial Division proceedings are governed by the procedure rules of the particular statute in question and, in a suppletive manner, by the Code of Civil Procedure and the Rules of Practice of the Superior Court of Quebec in Civil Matters; 2.2 Section 192 of the Bankruptcy and Insolvency Act governs the jurisdiction of the Registrar.When appropriate, the Registrar exercises the jurisdiction of the Special Clerk pursuant to Article 44.1 of the

Code of Civil Procedure in matters instituted in the Commercial Division; 2.3 The Registrar/Special Clerk presides Room 16.10; 2.4 The judge presides Room 16.12; 2.5 Attorneys and articling students must be gowned in both rooms, except in July and August; 2.6 The calling of the roll is at 8:45 a.m. in Room 16.10 and at 9:00 a.m. in Room 16.12. 3. Proceedings and Exhibits 3.1 In addition to any other requirements of a particular statute, every proceeding filed in the Commercial Division must contain on its front page the title "Superior Court" above the words "Commercial Division", followed by a reference to the statute governing the proceeding; 3.2 Every proceeding filed at the office of the clerk of the Commercial Division must contain on the first page, under the title of the proceeding, the sequential docket number of any related proceeding: Example : Contestation (Relating to proceeding# ) 3.3 The onus is on the parties to check the court record or the docketin order to determine the correct sequential number of the related proceeding; 3.4 The exhibits alleged in a proceeding must not be attached to it, but filed in a separate binder accompanied by a list of exhibits; 3.5 Any exhibit of more than ten pages must be paginated; 3.6 Unless a judge or a Registrar/Special Clerk orders otherwise, the Commercial Division Clerk rejects any proceeding that does not comply with Rules 3.1 to 3.5 and returns it to the parties for rectification; 3.7 No party or attorney can send any proceeding or exhibit by e-mail to a judge of the Commercial Division without prior authorization by that judge. No such e-mail may be sent after 5 p.m. on the juridical day preceding the hearing date, subject to article 78 of the Code of Civil procedure or unless previously authorized by the judge. 4. Motion to Institute Proceedings 4.1 Motions to Institute Proceedings must contain a Notice of Presentation before the Registrar/Special Clerk in Room 16.10 at 9:00 a.m. Every amended Motion must also contain a similar Notice of Presentation; 4.2 No Notice of Presentation is given in Room 16.12 without the authorization of either the Coordinating Judge of the Commercial Division, of another judge or of the Registrar/Special Clerk; 4.3 When the parties have filed an Agreement as to the Conduct of the Proceeding, the Agreement is subject to verification by the Registrar/Special Clerk; FORM: Joint Declaration that a File is Complete 4.4 In case of disagreement with respect to the Agreement, the file is referred to the judge presiding Room

16.12; 4.5 After verifying the Agreement, the Court may summon the parties to discuss it in order to ensure proper case management (Art. 4.1 C.C.P.); 4.6 When the motion is contested orally, the grounds of contestation must be summarily indicated in the Agreement or in the minutes of the hearing held to present the Motion to Institute Proceedings. 5. Urgent Matters and Applications for Safeguard Orders or for Directions 5.1 Every Motion concerning an urgent matter, a Safeguard Order or for Directions must be filed at the office of the clerk of the Commercial Division who refers it to the Registrar/Special Clerk in his office or in Room 16.10; 5.2 The Registrar/Special clerk will adjudicate the motion if it falls within his jurisdiction. Otherwise, it is referred to the judge presiding Room 16.12. 6. Incidental Motions 6.1 Every incidental motion must be filed at the office of the clerk of the Commercial Division one clear juridical day before its presentation in Room 16.10; 6.2 The Registrar/Special clerk addresses the motion if it falls within his jurisdiction. Otherwise, it is referred to the judge presiding Room 16.12. 7. Incidental Motions 7.1 Every hearing of two days or less in Room 16.12 is fixed by the Registrar/Special Clerk or by the presiding judge; 7.2 Every hearing of more than two days in Room 16.12 is referred to the Coordinating Judge of the Commercial Division; 7.3 A Joint Declaration that a file is Complete must be produced in all files to be scheduled for trial on the merits in the Commercial Division, regardless of the estimated trial length. The Joint Declaration must contain the information appearing on the Joint Declaration form available on the Superior Court website; 7.4 In shareholder disputes, no hearing date is set until the respective attorneys confirm that the parties have explored the possibility of settling the matter out of Court. 8. Standard orders All motions seeking orders to which apply the standard orders published on the Montreal Bar s Website, must be consistent with such standard orders. Otherwise, the motions must indicate any discrepancies between the order sought and the standard order, by underlining additions, substitutions or suggested deletions. At present, the standard orders are: Interim and Final Order pursuant to Article 192 of the Canada Business Corporations Act or its provincial counterpart pursuant to Articles 414 and following of the Business Corporations Act (Québec) ; Initial Order pursuant to the Companies Creditors Arrangement Act; Order to appoint a Receiver pursuant to Article 243 of the Bankruptcy and Insolvency Act. Coming soon:

Vesting order 9. Special Case Management 9.1 Every application for Special Case Management is made by motion heard in Room 16.10. After presentation, the motion is referred to the Coordinating Judge of the Commercial Division or, in his absence, to the Associate Chief Justice; 9.2 Where he deems it appropriate, the Coordinating Judge of the Commercial Division may ex officio referany matter instituted in the Commercial Division for special case management; 9.3 Applications for an arrangement under the Companies Creditors Arrangement Act (R.S.C. (1985), c. C- 36), or for an arrangement or reorganization under the Canada Business Corporations Act (R.S.C. (1985), c. C-44) or under the Business Corporations Act (L.Q. 2009, c. 52), are first referred to the Coordinating Judge of the Commercial Division and, thereafter, are automatically referred for special case management; 9.4 In the case of an application for an initial order under the Companies Creditors Arrangement Act, or for an interim or final order under the Canada Business Corporations Act or the Business Corporations Act, it is suggested to submit a draft order similar to the standard order available on the Superior Court Web site and on the Montreal Bar s Web site; 9.5 If there are differences between the draft order and the standard order, a copy of the draft must also be submitted with the changes underlined; 9.6 Notwithstanding any contrary provisions in the present Directives, the judge appointed to manage the case hears all of the preliminary and incidental motions and, if necessary, presides the hearing on the merits. 10. Objections Parties who wish to fix a hearing on objections in Rooms 16.10 and 16.12, must first file a document, preferably made jointly, identifying and classifying the objections by subject, at the office of the clerk of the Commercial Division. This document must also indicate the time required to address the objections. 11. Case Management Notices All Case management notices must be presented before the Registrar in Room 16.10. The Registrar adjudicates the notice if it falls within his jurisdiction. Otherwise, he refers the Case Management Notice to Room 16.12. The presiding judge then addresses the notice or refers it to the Commercial Division Coordinating Judge for adjudication. 12. Postponement 12.1 Any request to postpone a motion is heard by the judge presiding Room 16.12, after prior written notice is given to the Coordinating Judge of the Commercial Division. A postponement is granted by the judge only for serious reasons and subject to conditions deemed appropriate. No postponement is granted on the sole consent of the parties; 12.2 The office of the clerk of the Commercial Division does not grant or consider any postponement requests made by telephone or by fax when a hearing is fixed in Room 16.12; 12.3 The office of the clerk of the Commercial Division may grant a postponement made by consent, and sent by fax, for some proceedings fixed on the roll of Room 16.10, subject to the terms and conditions specified in the Notice to Members of the Bar published on the Montreal Bar s Website. 13. Particular Directives for Bankruptcy Matters

13.1 Motions 13.1.1 Every application is made by motion, as provided in Section 11 of the Bankruptcy and Insolvency Rules; 13.1.2 Every motion must include, below its title, a precise reference to the relevant section of the Bankruptcy and Insolvency Act and of the Bankruptcy and Insolvency General Rules; 13.1.3 The following documents must be filed at the office of the clerk of the Commercial Division at least one clear juridical day before the date of presentation: the original motion, the affidavits in support thereof and the proof of service; 13.1.4 The notice of presentation of the motion indicates that the motion will be presented before the Registrar in Room 16.10; 13.1.5 If the motion falls within the jurisdiction of the Registrar, the latter either hears the parties on the motion or, where required, determines a schedule to complete the file for hearing and continues the motion pro forma to a future hearing date. 13.2 Appeals from Orders or Decisions of the Registrar 13.2.1 No motion in appeal of an order or a decision of the Registrar is fixed on the roll of Room 16.12 until the transcript of the hearing before the Registrar, including the reasons for his order or decision, has been filed at the office of the clerk of the Commercial Division; 13.2.2 Before an appeal from an order or decision of the Registrar is placed on the roll of Room 16.12, the judge or Registrar may require that each party file a brief, not exceeding 10 pages, at the office of the clerk of the Commercial Division, within a prescribed delay. This brief shall set out: a. a summary of the order or of the decision in appeal; b. the issues to be decided; c. the reasons why the appeal should (or should not) be granted; d. a list of relevant authorities.