Bijural Terminology Records

Common Law

filing of certificate of judgment

Civil Law

registration of legal hypothec

Title of the Legislative Text

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

Provision

66.29 (1) Where a consumer proposal is approved or deemed approved by the court, the administrator may, where the administrator believes on reasonable grounds that the debtor owns land or other valuable property, issue a certificate in respect of the proposal, and may cause the certificate to be filed in any place where a certificate of judgment, writ of seizure and sale or other like document may be filed.

(2) A certificate filed under subsection (1) operates as a certificate of judgment or writ of execution until the proposal is fully performed.

Problem

The "certificate of judgment/certificat de jugement" is specific to common law. It is a document the filing of which gives the creditor priority over the real property of the debtor. The "legal hypothec/hypothèque légale" is the civil law equivalent of the common law "certificate of judgment/certificat de jugement" .

Solution

In the English version, the terms "legal hypothec of judgment creditors" are added to reflect civil law terminology. In the French version, the terms "hypothèque légale résultant d'un jugement" are added.

Harmonized Provision

66.29 (1) If a consumer proposal is approved or deemed approved by the court, the administrator may, if the administrator believes on reasonable grounds that the debtor owns land or other valuable property, issue a certificate in respect of the proposal, and may cause the certificate to be filed in any place where a certificate of judgment, writ of seizure and sale or other like document may be filed or where a legal hypothec of judgment creditors may be registered.

(2) A certificate filed under subsection (1) operates as a certificate of judgment, writ of execution or legal hypothec of judgment creditors until the proposal is fully performed.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 40.

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