C-25.01, r. 4 - Rules of Practice of the Superior Court of Québec in Civil Matters

Section 78 Disposition versions

2012-09-01

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 Suppl.) [R.S.C. 1985, c. C-34.6]);

Statutes of Québec

— Code of Civil Procedure (chapter C-25);

— Article 946.1 (homologation of an arbitration award);

— Article 949.1 (recognition and execution of an arbitration award rendered outside Québec);

— The Companies Act (chapter C-38);

— The Winding-Up Act (chapter L-14);

— The Securities Act (chapter V-1.1).

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.

Decision 2001-06-14, s. 4; Decision 2003-06-30, s. 8.