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.
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.
"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.