Bijural Terminology Records

Common Law

costs and expenses

Civil Law

costs and expenses

Title of the Legislative Text
Bankruptcy and Insolvency Act, R.S., c. B-3
Provision

  129. (4) The costs and expenses of a sale made under this section are in the discretion of the court.

Problem

In civil law, the term "dépens" has a specific meaning which is limited to the judicial costs that the unsuccessful party must pay to the successful party at the conclusion of legal proceedings. When reference is made, as is the case here, to other costs, it is preferable to use the broader term "frais" .

Solution
In the French version, the terms " et dépens" are deleted.
Harmonized Provision

(Amendment to the French version only)

  129. (4) Les frais occasionnés par une vente faite sous l'autorité du présent article sont à la discrétion du tribunal.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 69.

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