Cite as: Isles (Re), 1992 NSCO 33 ' 1992 IN THE COUNTY COURT OF IN THE MATTER OF AN APPLICATION FOR RE: PERRY B. - IN THE MATTER OF AVCO FINANCIAL SERVICES CANADA LIMITED, appearing in Raymond B. Jacquard, Esq. ' HEARD: By Motion BEFORE: The Honourable Judge Charles E. Haliburton, J.C.C. SUBJECT: Orderly Payment of Debts - Consolidation Order DECISION: The 9th day of June, D E C I ' C.D. No. 3233 DISTRICT NUMBER THREE A CONSOLIDATION OORDER ISLES and DARLA F. ISLES and -opposition by its Counsel, Application for A.D. 1992 S I 0 N
HALIBURTON, J.C.C In this matter which application presented by the Clerk of the Court, appeared in opposition to this application. The application is made under Part X of the Bankruptcy Act which provides for the orderly payment of debts. Sections 218(l)(c) and 218(l)(d) of the Bankruptcy Act read as follows: 218(1) This Part applies only to the following classes of debts: (c) a claim or demand for or debt, account, covenant or otherwise, of one thousand dollars; and (d) a claim or demand for or debt, account, covenant or one thousand dollars if the judgment creditor having ' the claim consents to come under this Part. This section appears to govern the jurisdiction of the Court to determine whether or granted. It is clear that Section judicial discretion where the creditor exceeds one thousand dollars. Section 240 of the Act also contained within Part clearly authorizes certain changes in the statute by regulation. The portion of Section 240 relevant Section 240(f): 240 The Governor in Council may make regulations (f) changing or prescribing, province, the classes of does not apply; is normally a peremptory one creditor in respect of money, not in excess in respect of money, otherwise, in excess of not an application will be 218 ( 1) (d) would restrict amount of the debt claimed by a X to our considerations is in respect of any debts to which this Part
• - 2 Pursuant to that section and under the provisions of SOR/81-2, 1991, Canada Gazette, Part II, p. 5, Section 28 of the regulations provides: 28. In a province in which Act applies (a) in respect of debts of the classes referred to in subsection 218 ( 1) of the limits set out therein ... The effect of this monetary limitation which was 218(l)(c). It would accurately paraphrase Section 218 to say: This Part applies to the following classes of debts: (c) a claim or demand for or debt, account, covenant or otherwise. ' On this basis, then, it is clear that the Court have jurisdiction to grant the procedural considerations specified following. Having considered those filed by the Applicant, I am should succeed and the Order for accordingly, issue. DATED at Digby, Nova A.D. 1992. CHARLES E. JUDGE OF -the Act is in force, the Act without the monetary regulation is to remove the previously imposed by Section in respect of money, does application subject to the in Sections 220 and matters and the materials satisfied that the application a consolidated judgment will, Scotia, this 9th day of June, HALIBURTON OF THE COUNTY COURT DISTRICT NUMBER THREE
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