Marginal note:Death of bankrupt, witness, etc.
191. In case of the death of the bankrupt or the spouse or common-law partner of a bankrupt or of a witness, whose evidence has been received by any court in any proceedings under this Act, the deposition of the deceased person, purporting to be sealed with the seal of the court, or a copy thereof purporting to be so sealed, shall be admitted as evidence of the matters therein deposed to.
- R.S., 1985, c. B-3, s. 191;
- R.S., 1985, c. 31 (1st Supp.), s. 76(E);
- 2000, c. 12, s. 19.
Powers of Registrar
Marginal note:Powers of registrar
192. (1) The registrars of the courts have power and jurisdiction, without limiting the powers otherwise conferred by this Act or the General Rules,
(a) to hear bankruptcy applications and to make bankruptcy orders if they are not opposed;
(b) to hold examinations of bankrupts or other persons;
(c) to grant orders of discharge;
(d) to approve proposals where they are not opposed;
(e) to make interim orders in cases of urgency;
(f) to hear and determine any unopposed or ex parte application;
(g) to summon and examine the bankrupt or any person known or suspected to have in his possession property of the bankrupt, or to be indebted to him, or capable of giving information respecting the bankrupt, his dealings or property;
(h) to hear and determine matters relating to proofs of claims whether or not opposed;
(i) to tax or fix costs and to pass accounts;
(j) to hear and determine any matter with the consent of all parties;
(k) to hear and determine any matter relating to practice and procedure in the courts;
(l) to settle and sign all orders and judgments of the courts not settled or signed by a judge and to issue all orders, judgments, warrants or other processes of the courts;
(m) to perform all necessary administrative duties relating to the practice and procedure in the courts; and
(n) to hear and determine appeals from the decision of a trustee allowing or disallowing a claim.
Marginal note:May be exercised by judge
(2) The powers and jurisdiction conferred by this section or otherwise on a registrar may at any time be exercised by a judge.
Marginal note:Registrar may not commit
(3) A registrar has no power to commit for contempt of court.
Marginal note:Appeal from registrar
(4) A person dissatisfied with an order or decision of a registrar may appeal therefrom to a judge.
Marginal note:Order of registrar
(5) An order made or act done by a registrar in the exercise of his powers and jurisdiction shall be deemed the order or act of the court.
Marginal note:Reference to judge
(6) A registrar may refer any matter ordinarily within his jurisdiction to a judge for disposition.
Marginal note:Judge may hear
(7) A judge may direct that any matter before a registrar be brought before the judge for hearing and determination.
Marginal note:Registrars to act for each other
(8) Any registrar in bankruptcy may act for any other registrar.
- R.S., 1985, c. B-3, s. 192;
- 1992, c. 27, s. 67;
- 2004, c. 25, s. 88.
- Date modified: