Bankruptcy and Insolvency

BANKRUPTCY & INSOLVENCY

“There are many bankruptcy matters that are urgent, time sensitive or will result in significant repercussions. How will a party dealing with such a matter ensure apply to have such a matter heard by a Registrar in Bankruptcy?”

The masters sitting as Registrars in Bankruptcy will continue to hear and decide urgent and time sensitive matters by teleconference or video conference during the COVID-19 pandemic. The Registrars in Bankruptcy will also hear and decide matters where there are immediate and significant financial repercussions which may result if there is no judicial hearing. The party shall email the Bankruptcy Court office at toronto.bankruptcy@ontario.ca with details about a matter they wish to have heard urgently, identifying why the matter is urgent, time sensitive or will result in significant financial repercussions if there is no hearing. The party will also attach a completed request form.

“Would the Registrar in Bankruptcy be prepared to hear urgent matters as an e-hearing?”

If the Registrar in Bankruptcy accepts that a matter is to be heard urgently, the Bankruptcy Court office will direct the party to communicate by email with the Registrar who will hear the matter. The matter will proceed by teleconference or videoconference. The Bankruptcy Court anticipates having teleconference and videoconference lines available, some with recording capabilities. If required, the Registrar may ask counsel to provide videoconference facilities.

“There are also a number of matters that could be dealt with by Registrars in Bankruptcy in writing. Would the court consider allowing appropriate urgent and/or time sensitive matters to be hear in writing?”

The Registrars in Bankruptcy will hear appropriate urgent and time sensitive matters in writing. The types of matters that fall into the urgent or time sensitive matters include the following matters:

  • Motions to extend proposal periods where a Notice of Intention has been filed;
  • Motions to approve Division I proposals;
  • Motions to revive consumer proposals;
  • Motions seeking leave to file a completion or second consumer proposal;
  • Applications for bankrupt’s discharge following compliance with prior court discharge orders; and
  • Any other matter which the Registrars in their discretion determine is appropriate.

 Motions in writing shall be heard on Monday of each week during the COVID-19 pandemic, or as soon thereafter as the matter can be heard. If a party wishes a motion to be heard in writing, the party shall request a hearing date from the Bankruptcy Court office by emailing a completed request form to toronto.bankruptcy@ontario.ca.