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Canada's System of Justice
Bijuralism and Harmonization
HARMONIZATION OF FEDERAL LEGISLATION WITH QUEBEC CIVIL LAW: SOME EXAMPLES FROM THE
BANKRUPTCY AND INSOLVENCY ACT
HARMONIZATION OF FEDERAL LEGISLATION WITH QUEBEC CIVIL LAW: SOME EXAMPLES FROM THE
BANKRUPTCY AND INSOLVENCY ACT
Table of Contents
Introduction
1.
Complementarity between the
B.I.A.
and provincial private law
1.1. History of the
B.I.A.
1.2. Recognition in case law of complementarity
1.3. Creation of a working group to harmonize the
B.I.A.
at Justice Canada
2.
Issues raised in the
B.I.A.
2.1. Definition of secured creditors
2.2. Courts vested with jurisdiction in equity
2.3. Petitioning in bankruptcy and other procedural issues
2.4. Application of Part XI
2.5. Bankruptcy of Quebec partnerships and trusts ("fiducies")
2.6. Roles of trustees ("syndics")
3.
General issues
3.1. Creation of new security mechanisms
3.2. The concept of "settlement/
disposition
"
3.3. The concept of enterprise
3.4. The concept of security
General conclusions
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Date modified:
2022-08-26