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ARTICLE · 09 APRIL 2013

Important Change In The Sale Process In Québec

Gowling WLG
Gowling WLG
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Gowling WLG

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On January 17, 2013, Justice Carole Julien of the Superior Court rendered a decision that could have a substantial impact on sales under judicial authority.

CanadaFinance and Banking

On January 17, 2013, Justice Carole Julien of the Superior Court rendered a decision that could have a substantial impact on sales under judicial authority.

In five (5) non contested matters, Justice Julien decided that the officer designated by the court to proceed with the sale could not be a representative of the law firm representing the lender. The court is of the view that someone from the law firm representing the lender does not have the distance required to conduct the sale on behalf of its client. Justice Julien is of the view that there is a conflict of interest.

In her judgment, Justice Julien does not suggest any particular person to be appointed officer to proceed with the sale; she did however put the files on hold for 30 days to allow the lenders to suggest the appointment of someone other than a representative of their lawyers’ firms.

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