Bijural Terminology Records

Common Law

barrister or solicitor

Civil Law

advocate

Title of the Legislative Text

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

Provision

 30. (1) The trustee may, with the permission of the inspectors, do all or any of the following things:

  • (e) employ a solicitor or other agent to take any proceedings or do any business that may be sanctioned by the inspectors; …
Problem

The term "solicitor" used in the English version applies only in the common law provinces, and has no legal meaning in the Province of Quebec. The term "avocat" used in the French version is appropriate in this context for both civil law and common law. As this provision refers to legal proceedings, the term "legal counsel/conseiller juridique" is not appropriate because it is defined to mean persons who give legal advice as well as those who may act before the courts. The only legal professional who may act on behalf of others before the courts is the "barrister or solicitor/avocat" in common law provinces and the "advocate/avocat" in the Province of Quebec.

Solution

In the English version, the terms "barrister" and "advocate" as well as the phrase "in the Province of Quebec" are added.

Harmonized Provision

(Amendment to the English version only)

 30. (1) The trustee may, with the permission of the inspectors, do all or any of the following things:

  • (e) employ a barrister or solicitor or, in the Province of Quebec, an advocate, or employ any other representative, to take any proceedings or do any business that may be sanctioned by the inspectors;

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 22(2).

Date modified: