Bijural Terminology Records

Common Law

application for a bankruptcy order

Civil Law

application for a bankruptcy order

Title of the Legislative Text

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

Provision

  43. (1) Subject to this section, one or more creditors may file in court a petition for a receiving order against a debtor if, and if it is alleged in the petition that,

  • (a) the debt or debts owing to the petitioning creditor or creditors amount to one thousand dollars; and
  • (b) the debtor has committed an act of bankruptcy within six months next preceding the filing of the petition.

[EXCERPT ONLY]

Problem

The "petition/pétition" is an old common law proceeding which is no longer used in common law and does not exist in civil law. The "petition for a receiving order/pétition en vue d'une ordonnance de séquestre" is the proceeding brought by a creditor seeking to declare a debtor bankrupt. The modern way to refer to this type of proceeding is "application" in English and "requête" in French.

This solution must be further refined for the English civil law audience in Quebec where this type of proceeding is called a "motion" . See the records "receiving order/ordonnance de faillite" and "motion/requête" .

Solution

In the English version, the expression "petition for a receiving order" is replaced by "application for a bankruptcy order" . In the French version, the expression "pétition en vue d'une ordonnance de séquestre" is replaced by "requête en faillite" .

Harmonized Provision

  43. (1) Subject to this section, one or more creditors may file in court an application for a bankruptcy order against a debtor if it is alleged in the application that

  • (a) the debt or debts owing to the applicant creditor or creditors amount to one thousand dollars; and
  • (b) the debtor has committed an act of bankruptcy within the six months preceding the filing of the application.

[EXCERPT ONLY]

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 28.

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