LA COMPETENCE DES TRIBUNAUX EN MATIERE DE FAILLITE

  • YVES MARTINEAU
Keywords: Bankruptcy/Insolvency, Conflict of Laws, Judgments

Abstract

The bankruptcy of a debtor usually gives rise to varied litigation, on one hand because the trustee inherits the claims and recourses of the debtor and, on the other because the administration of the bankruptcy is often in itself the source of litigation between the trustee and the creditors. These claims often raise several questions with respect to both the subject matter jurisdiction and the territorial jurisdiction of the court. It is not always easy to determine where these various claims can be filed and before which court. The author attempts to determine the limits of the jurisdiction of the courts in bankruptcy through a review of the cases rendered before and after the first decision of the Supreme Court of Canada on these issues, namely Sam Lévy & Associés inc. v. Azco Mining inc., [2001] 3 S.C.R. 978. The author notes that if the subject matter jurisdiction and the territorial jurisdiction are in theory distinct concepts, the borders between them are far from watertight in bankruptcy matters. A study of the jurisprudence shows that there is sometimes confusion between the two concepts, which this article seeks to clarify.

Downloads

Total downloads:

Download data is not yet available.
Published
2004-09-01
Section
Legal Commentary