Bijural Terminology Records

Common Law

motion

Civil Law

motion

Title of the Legislative Text

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

Provision

n/a

Problem

The expression "petition for a receiving order/pétition en vue d'une ordonnance de séquestre" has been replaced by "bankruptcy application/requête en faillite" . Because the proceeding that is called an "application" elsewhere is called a "motion" in Quebec, this solution must be further refined for the civil law audience in English. In order to avoid repeating both terms whenever the term "application" appears, a practical solution is to define "application" to mean a motion in Quebec.

Solution

In the English version, a definition of "application" is added in section 2 of the Act for the civil law audience.

Harmonized Provision

  2. "application" , with respect to a bankruptcy application filed in a court in the Province of Quebec, means a motion;

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 7(8).