CHAPTER XIV
The Commercial Division
78. Commercial cases. All cases where
the initial application is based principally, in whole or in part,
on any of the following legislative provisions is a commercial
case and is tried in the Commercial Division :
Statutes of Canada
- The Bankruptcy and
Insolvency Act, R.S.C. 1985, c. B-3;
- The Companies and Creditors' Arrangement
Act, R.S.C. 1985, c. C-36;
- The Winding-Up and Restructuring Act,
R.S.C. 1985, c. W-11;
- The Canada Business Corporations Act,
R.S.C. 1985, c. C-44;
- The Bank Act, S.C. 1991, c. 46, R.S.C.
1985, c. B-1.01;
- The Farm Debt Mediation Act, S.C. 1997,
c. 21;
- The Commercial Arbitration Act, R.S.C.
1985, c. 17 (2nd Supp.);
Statutes of Quebec
- Code of Civil Procedure, R.S.Q., c.
C-25;
- Article 946.1 (homologation of an arbitration
award);
- Article 949.1 (recognition and execution
of an arbitration award rendered outside Quebec);
- The Companies Act, R.S.Q. c. C-38;
- The Winding-Up Act, R.S.Q. c. L-4;
- The Securities Act, R.S.Q. c. V-1;
The Chief Justice or a judge designated by the
Chief Justice, whether on application or on his or her own initiative,
may also declare any other case to be a commercial one to be tried
in the Commercial Division.
79. Registry and jurisdictional numeration.
The Commercial Division has its own Registry and a distinct
jurisdictional numeration.
80. Obligatory mentions. Any proceeding
in the Commercial Division must mention the words "Commercial
Division" on the front page and on the backing, as well as
reference to the law that governs the proceeding.
81. Multiple cases within the same file. Whenever
there are multiple cases within the same file, each new application
must bear the mention "New Case". In subsequent proceedings
relative to the new application, the sequential number given to
the new case must be mentioned in the heading "Case sequence
number___" under the court number of the file.
82. Pagination. The party who produces
a document must ensure it is paginated, unless it is already paginated.
83. Exception. If the volume of commercial
cases in any judicial district is limited, the coordinating judge
of the district may have commercial cases treated in the general
Office of the Court and tried in the civil practice division.