The British Columbia Model Order Committee is seeking input from the BC insolvency community regarding the guidelines for court-to-court communications in cross-border insolvency cases. In particular, the committee is seeking input on recommending to the Chief Justice that BC amend the current practice direction for court-to-court communication to reflect the Judicial Insolvency Network Guidelines.
In order to discuss, an information session on the guidelines will be held:
Where: Cassels Brock & Blackwell LLP, 22nd floor HSBC Building, 885 West Georgia St.
When: Tuesday, May 28, 2019 at 5 pm
For those wishing to attend by phone, please use the dial-in below:
Vancouver: 604-678-6074
Toll-free: 1-855-453-6958
Conference ID: 1338460
For those attending in person, please email Sharron Wang at swang@casselsbrock.com so that we can ensure there is sufficient space.
Background
Practice Direction 6, adopted in 2010, directs the use of the American Law Institute/International Insolvency Institute “Guidelines Applicable to Court-to-Court Communications in Cross-Border Cases” in cross-border cases in British Columbia.
In 2016, the Judicial Insolvency Network met in Singapore and issued a set of guidelines titled “Guidelines for Communication and Cooperation between Court in Cross-Border Insolvency Matters” (more commonly referred to as the “JIN Guidelines”). The JIN Guidelines have been adopted in numerous insolvency courts, including the New York courts and Delaware courts. In Canada, the JIN Guidelines were recently adopted by the Ontario court in the Payless Shoes restructuring.
Please see the JIN Guideline Analysis Presentation at the following link:
JIN Guideline Analysis Presentation
Jurisdictions have made numerous minor amendments to the base JIN guidelines, which are set out in the attached summary. The proposal is for BC to adopt the same variation as Ontario, to provide Canada-wide consistency.