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B.C. Supreme Court updates procedures on insolvency matters

Friday, April 03, 2020 @ 10:48 AM | By Ian Burns

The B.C. Supreme Court has updated its procedures for insolvency matters in light of the COVID-19 pandemic.

Chief Justice Christopher Hinkson has suspended regular operations of the Supreme Court at all of its locations to protect the health and safety of court users and to help contain the spread of COVID-19. In a March 30 update, various civil matters were presumptively considered to be of an essential or urgent nature. In a release, the court has now outlined the insolvency matters which can considered to be of an essential or urgent matter, such as:
  • Shareholder disputes or oppressive conduct that may require some immediate relief
  • An application for an interim and/or final order for an arrangement
  • The appointment of a liquidator, receiver, interim receiver or receiver-manager
  • An application for a bankruptcy order
  • An application for an initial order or the extension of a stay of proceedings
  • An application for relief specific to restructuring procedures in a context of proceedings, such as authorization of a sale of assets, interim financing, claims process orders, adjudication of claims, meeting orders and sanction orders
  • A time-sensitive application in a foreclosure proceeding, such as approval of a sale

All civil matters scheduled for hearing between March 19 and May 1 are adjourned, unless the court otherwise directs. This automatic adjournment extends to all trials, conferences,and chambers applications or other hearings currently scheduled for hearing before May 1.

In addition, the B.C. Land Title and Survey Authority has issued a practice bulletin to provide direction about remote witnessing of affidavits in support of land title applications. Lawyers who remotely witness affidavits must first review the B.C. Law Society’s directions on best practices for using videoconferencing when providing legal advice or services and must incorporate a statement in the jurat of the affidavit confirming this process was used and the best practices followed. More information can be found here.