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Bijural Terminology Records
Common Law
motion
Civil Law
motion
Title of the Legislative Text
Bankruptcy and Insolvency Act, R.S., c. B-3
Provision
n/a
Problem
The expression "petition for a receiving order/pétition en vue d'une ordonnance de séquestre"
has been replaced by "bankruptcy application/requête en faillite"
. Because the proceeding that is called an "application"
elsewhere is called a "motion"
in Quebec, this solution must be further refined for the civil law audience in English. In order to avoid repeating both terms whenever the term "application"
appears, a practical solution is to define "application"
to mean a motion in Quebec.
Solution
In the English version, a definition of
"application"is added in section 2 of the Act for the civil law audience.
Harmonized Provision
2. "application" , with respect to a bankruptcy application filed in a court in the Province of Quebec, means a motion;
Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 7(8).
