Can a declaratory order be made in a CCAA proceeding?
British Columbia, Canada
The following excerpt is from Jameson House Properties Ltd. (Re), 2009 BCCA 339 (CanLII):
The court has the authority to make declaratory orders: see Canada v. Solosky, 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821 at 830-833. The appellants have raised no argument that would limit the court’s jurisdiction to do so in the context of a CCAA proceeding, or that would require a separate proceeding.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
Can a class proceeding be the basis for a legal proceeding if the claims presented in that proceeding cannot be sustained individually? (British Columbia, Canada)
In what circumstances will a court order that the proceeds of a sale of machinery be returned to the court as proceeds of the sale of the machinery for damages? (British Columbia, Canada)
Can a joint guardianship order be ordered even if there is no cooperation necessary for joint custody? (British Columbia, Canada)
What is the test for a general release under which a plaintiff agrees to reduce support in exchange for receiving the proceeds of the sale of a house sale proceeds? (British Columbia, Canada)
Does an order under s. 9 of the Guidelines on Special and extraordinary expenses include a separate order as to special and extraordinary expense? (British Columbia, Canada)
Is an order from an application to re-open and re-consider a decision, where the order from the first judgment had been entered, a matter of practice and procedure? (British Columbia, Canada)
Can a court be functus officio where it entered an order with respect to liability and damages but retains jurisdiction to order costs? (British Columbia, Canada)
