COMPANIES' CREDITORS ARRANGEMENT ACT (CCAA) ABRIDGED FORM OF INITIAL ORDER

Following a rigorous process of drafting, editing and translation, the Liaison Committee with the Superior Court, Commercial Division, makes available to the members of the Bar of Montreal an abbreviated form of initial order that can be made to under the Companies' Creditors Arrangement Act (CCAA).

The French and English versions of the proposed initial short form prescription are available on the website of the Barreau de Montréal at http://www.barreaudemontreal.qc.ca , in the "Publications" section. The president of Montreal, Bernard Synnott , has already informed the section's lawyers by email, and those of the other sections are invited to visit the website.

This short form was developed from a database of several precedents, and aims to simplify the process by providing a well-known terminology that meets the needs of professionals working in the field of financial reorganization.

It is appropriate to mention that the content of this initial order was discussed with representatives of the judiciary and, although each case must be studied on its merits, the proposed formula has the advantage of having been developed in light of some of the comments made by the judiciary. The use of this formula in a CCAA reorganization file may facilitate the hearing of the original order.

In addition, counsel must indicate to the court any difference that may exist between the initial order being sought and the one proposed to you as a short form, with additions or substitutions to be underlined or indicated in the margin by a vertical line. , and deletions to be indicated by dashed parentheses .

In addition, it may be that one or more of the provisions of this initial order must be debated in court, no assurance being given nor any opinion expressed regarding the operative part of this order.

The president of Montreal and the lawyers who participated in the preparation of this work tool hope that you will appreciate it and, if you have any question whatsoever on this subject, do not hesitate to contact the Bar of Montreal at ( 514) 866-9392, extension 27, or general@barreaudemontreal.qc.ca .

DO YOU HAVE A FEW HOURS TO DEVOTE TO YOUR BAR?

The show VISEZ DROIT needs you

For the eighth year in a row, the Barreau de Montréal will be located on the main square of the Complexe Desjardins, from April 12 to April 15, inclusive, with a wide range of activities on the agenda of VISEZ DROIT .

Among these are free legal consultations, quizzes, conferences and mock trials chaired by judges of the Superior Court or the Court of Quebec. All these activities are offered free of charge to the people of Montreal.

The Law Society needs your support for the success of this event, particularly for the free legal consultations, which are a strong point and which, since they are offered continuously during the four days, require a large number of lawyers volunteers in all categories of law.

The barrister of the Bar of Montreal, M e  Bernard Synnott , invites you to volunteer for these consultations, which are offered from 12 to 15 April 2005 from 10 am to 17 pm.

If, like the Barreau de Montréal, you are committed to improving the image of the lawyer, join us and, why not, bring a colleague!

FIRST IN CANADA A LEGISLATIVE DRAFTING CHAIR

A chair of legal drafting will soon be born. As a gathering point for researchers and a training venue, this Chair, which will be established at Laval University, will provide a comprehensive and in-depth treatment of this particular aspect of the law. " We want to create an environment of specialists in legal drafting ," said e Pierre Lemieux, dean of the Faculty of Law at Laval University.

multidisciplinary

Any jurist called to write a text knows that this exercise requires a multiplicity of knowledge, in addition to legal knowledge. This is why the contribution of complementary disciplines is unavoidable in the study of this phenomenon. " The Chair will allow for partnerships with external and interdisciplinary collaborators, inter-university exchanges and the engagement of other units, such as the Faculty of Arts or the Department of Languages, Linguistics and Translation, will be essential. professionals who work daily in the drafting and who are interested in it: lawyers, notaries, judges, civil servants, lawyers . "

Pierre Lemieux, Dean of the Faculty of Law of Laval University 
Pierre Lemieux, Dean of the Faculty of Law of Laval University

This collegiality is already reflected in the composition of the proposed committee of the Chair, composed of Pierre Issalys , professor at the Faculty of Law at Laval University, e  Lisette Savard , the Directorate Secretariat and Legal Affairs of the Company auto insurance in Quebec, and e  Richard Tremblay , a forensic Management to government legislation to the Ministry of Justice of Quebec.

Two programs

In its report, the committee anticipates that training activities will be offered once the research component is put in place. He recommends the creation of two graduate programs: a master's degree with essay or memory, and a microprogram of 12 credits.

The master's degree with test would aim at the acquisition and the improvement of knowledge leading to a professional practice. The master's with memory would be in a perspective of research and would allow the access to the doctorate. As for the microprogram, it would address candidates with sufficient professional experience in legal writing, and would be like a " supermarket of continuing education ".

Need investors

For the moment, the Chair is looking for investors. " Our goal is to raise a million dollars ," said M e Lemieux, who is hopeful of achieving this target during the next year. "A capitalization between one and two million dollars will ensure the autonomy of the Chair, and such funding can also serve as leverage for government commitment. "

The start of research activities, and then training, will be conditional upon obtaining these funds. It will be the first funded chair attached to the Faculty of Law of Laval University. In the current context of university budget cuts, M e  Lemieux does not hide he saw in this formula a way to get to Quebec researchers and students.

It is also already agreed that the new chair will be named Louis-Philippe Pigeon. " Louis-Philippe Pigeon contributed to the development of legal drafting so that the choice of name was obvious ," said M e Lemieux.

THE ERNEST-CORMIER BUILDING BECOMES A COURTHOUSE THE DEN OF THE GREAT PLEADINGS

N .DLR: In the previous edition of the Journal du Barreau , a brief history was drawn of the construction of the building which houses, since August 2004, the Quebec Court of Appeal. The second of the three sections relating the story of the Ernest-Cormier building takes us to the dawn of the twentieth century, when the construction of the building begins.

N ed in 1885, Ernest Cormier studied engineering at the École Polytechnique and became an architect. Then, after studying at the Ecole des Beaux-Arts in Paris, he returned to Montreal, where he became a great master of the Art Deco style during the 20s and 30s. Focused on straight lines, geometric rigor and elegance, this artistic movement was born and imposed in France between the two world wars.

A photo of Ernest Cormier shows a man with a direct and concentrated look, with pronounced eyebrows that model a perpetual frown. With a sketch of a smile, a cigarette on his lips, round glasses, a polka-dot tie and a dark hat, he embodies the self-assured and experienced artist who has already proved himself.

In addition to the building that now bears his name, Cormier's works include the majestic Supreme Court of Canada in Ottawa and the central pavilion of the Université de Montréal. Topped by its famous tower, the latter is inseparable from the north side of Mount Royal – a modern citadel rising above the roofline, a living metaphor for a thriving city.

Pierre-Basile-Mignault Room 
Pierre-Basile-Mignault Room

Once the Ernest-Cormier building was completed in 1926, the entire judicial hierarchy in criminal matters, from lower courts to the Criminal Division of the Court of Queen's Bench, to the Court of Sessions of the Peace, was transferred. in the new palace. In short, the Montreal criminal law administration is concentrated in one place.

More than a courthouse in the classical sense, the Ernest-Cormier building will occupy a singular place in the political life of the city and the province. " Formerly [in the 30s, 40s and 50s], the Office of the Premier of Quebec was in this building, " said Claude Bisson, former Chief Justice of the Quebec Court of Appeal . " Messrs. Taschereau and Duplessis had their offices until the inauguration of the building Hydro-Québec, on Dorchester Boulevard then ."

As a legal and administrative center, the palace also served to direct the spotlight on some of the most brilliant speakers in the Quebec pantheon today. " At that time, the litigants knew how to handle public speaking, " commented Judge Yves Mayrand of the Quebec Superior Court . " The court was more theatrical than today, and the lawyers were walking back and forth on the bench and the jurors.The Court was the showcase of the tenors of the Bar, the people who would one day become ministers and judges. in chief. "

Joe Cohen, Alexandre Chevalier, Raymond Daoust and Claude Wagner were among the stars of the criminal law. " It was a pleasure to hear them, " recalls Antonio Lamer, former Chief Justice of the Supreme Court of Canada .

Upper Court of peace sessions floor stood the foundation of jury trials for crimes was then called" indictables " " wrote e  Gaëtan Raymond , on the roll of the Order of the Bar in 1946. " By its majesty, this court contrasted with that of the lower floor.Law students attended major trials, such as the Stabile case , to learn the great maneuvers of famous lawyers. "

Indeed, the jury trials were held in the largest room of the palace, a huge courtroom that now bears the name of Louis-Hippolyte Lafontaine.

But even the greatest dramas can not take place without a talented director. In the case of the Ernest Cormier courthouse, this key role was played by Judge Wilfrid Lazure. Appointed to the Superior Court in 1936, he presided over the criminal court for a long time. "Judge Lazure devoted himself to his duties for 25 years," says Judge Bisson, "and he was king and master of this great hall."

I thought, one day, I wanted to be Mr. Lazure ," says Judge Lamer, " and that's what happened, I was appointed to the Superior Court in 1969, and I was given the sitting. "from the outside, the building Ernest-Cormier, anchored with its roots chiseled granite, appears unfazed. It looks like one of those solitary rocks that break the foam of the waves. Yet this is not the case. The building has always been imbued with the cacophony of human dramas. " The concourse [the lobby] was very eventful , said Michel Proulx, retired judge of the Court of Appeal . The lawyers waited in this room, in the"An atmosphere of competition hovered over the palace during the '50s and' 60s." There was a cleavage between the criminalists and the civilians, says Judge Mayrand. The criminalists stood together; there was a great fraternity among the members. It was a privilege to get one of the 40 boxes available to lawyers. "