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Bijural Terminology Records
Common Law
claim ranking above any other claim
Civil Law
claim ranking above any other claim
Title of the Legislative Text
Bankruptcy and Insolvency Act, R.S., c. B-3
Provision
197. (6) Legal costs shall be payable according to the following priorities:
- (a) commissions on collections, which are a first charge on any sums collected; ....
Problem
The terminology used in this provision ("first charge/première charge"
) is imprecise as the provision deals with the priority of claims.
Solution
In the English version, the terms "first charge"
are replaced by "claim ranking above any other claim"
. In the French version, the terms "première charge"
are replaced by "réclamation de premier rang"
.
Harmonized Provision
197. (6) Legal costs shall be payable according to the following priorities:
- (a) commissions on collections, which are a claim ranking above any other claim on any sums collected;
Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 89(1).
