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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.
