On October 23, 2023, the Superior Court of Québec confirmed in Propositon de consommateur de Gauthier 2023 QCCS 3997 that the court of competent jurisdiction in the judicial district where a bankruptcy or proposal was filed under the Bankruptcy and Insolvency Act has exclusive jurisdiction to hear a request to be authorized to initiate a legal claim against a bankruptcy trustee, pursuant to section 215 BIA. Pursuant to the Bankruptcy and Insolvency Act, the courts exercise a national jurisdiction, unconstrained by provincial boundaries, as established by the Supreme Court of Canada in Azco Mining Co. c. Sam Lévy & associés inc. 2001 CSC 92, which was pleaded by the same attorney from our law firm.
Reference : Proposition de consommateur de Gauthier 2023 QCCS 3997 https://canlii.ca/t/k0s03
Attorney involved : Me Jean-Philippe Gervais