Bijural Terminology Records

Common Law

applicant

Civil Law

applicant

Title of the Legislative Text

Bankruptcy and Insolvency Act, R.S., c. B-3

Provision

  45. (1) Where a receiving order is made, the costs of the petitioner shall be taxed and be payable out of the estate, unless the court otherwise orders.

Problem

Because of the changes that were made to the expression "petition for a receiving order/pétition en vue d'une ordonnance de séquestre", the term "petitioner/pétitionnaire" is no longer appropriate to refer to the person who initiates the bankruptcy of the debtor.

Solution

In the English version, the term "petitioner" is replaced by "applicant". In the French version, the term "pétitionnaire" is replaced by "requérant".

Harmonized Provision

  45. (1) If a bankruptcy order is made, the costs of the applicant shall be taxed and be payable out of the estate, unless the court otherwise orders.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, art. 28.