Law in Quebec

News about Quebec legal developments


bankruptcy

  • Court deems COVID-19 measures a “misfortune”

    COVID-19 is still wreaking havoc on people’s lives.

    But it’s heartwarming to see that the courts are taking into account hardship.

    In a brief bankruptcy ruling in Syndic de Deutsch, 2022 QCCS 222, Quebec Superior Court held that:

    [14] There is no doubt that the measures put in place by the federal and provincial governments are a “misfortune” (“un malheur”) and the Court must consider even sua sponte the application of Article 175 of the Bankruptcy and Insolvency Act for bankruptcies filed after March 2020.

    [15] In this particular case, the requirements of Article 175 of the Bankruptcy and Insolvency Act are not met however I consider the economical context.

    [16] Neither the Superintendent of Bankruptcy nor any creditors have opposed the discharge of the Bankrupt.

    [14] The bankruptcy and Insolvency Act’s objective is the social and economical rehabilitation of an honest but unlucky debtor and I hereby grant Ms. Irit Deutsch an Absolute Discharge from her bankruptcy. (my emphasis).

  • Privacy rights overlooked in bankruptcies and insolvencies

    Eight years after the federal government introduced legislation that applies to the collection, use and disclosure of personal information in the course of any private sector commercial activity, corporate lawyers pay little heed to privacy rights in bankruptcy and insolvency proceedings.

    “Candidly, we on the insolvency side pay lip service to privacy,” acknowledged Kenneth Kraft, a partner with the financial services group at Heenan Blaikie, specializing in insolvency and finance. “It’s not something that we give much thought to.”

    (more…)

Law in Quebec
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