Bijural Terminology Records

Common Law

bill of costs

Civil Law

bill of costs

Title of the Legislative Text

Bankruptcy and Insolvency Act, R.S., c. B-3

Provision

  70. (2) Notwithstanding subsection (1), one solicitor's bill of costs, including sheriff's fees and land registration fees, shall be payable to the creditor who has first attached by way of garnishment or lodged with the sheriff an attachment, execution or other process against the property of the bankrupt.

Problem

The content of the two language versions is not the same. The concept of "mémoire d'honoraires" in the French version is narrower in scope than the concept of "bill of costs" in the English version. A general term is necessary as the provision covers all costs incurred in relation to the seizure.

Solution
In the French version, the terms "d'honoraires" are replaced by "de frais".
Harmonized Provision

  70. (2) Despite subsection (1), one bill of costs of a barrister or solicitor or, in the Province of Quebec, an advocate, including the executing officer's fees and land registration fees, shall be payable to the creditor who has first attached by way of garnishment or lodged with the executing officer an attachment, execution or other process against the property of the bankrupt.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 44.

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