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).