Civil Procedure Rules of Nova Scotia  
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Practice Memorandum #9

Chambers for Insolvency Proceedings

Until the provincial government restores funding for a part-time Registrar in Bankruptcy, the Prothonotary at Halifax will be the Registrar, but the Court will endeavor to provide two or three judges at Halifax who will be responsible for the judicial duties formerly performed by the Registrar. These judges will hear insolvency applications or motions that take one-half hour or less, or one half-day or less, in Halifax.

The applications or motions will be those formerly heard by the Registrar, and those heard by a judge of the Supreme Court in Bankruptcy and Insolvency, or a regular chambers judge, under the Bankruptcy and Insolvency Act, under the Companies’ Creditors Arrangements Act, in a foreclosure action, or in another proceeding related to insolvency. Unless the judge directs otherwise, proceedings to be heard in less than half an hour may be scheduled by filing a Notice of Motion returnable at 9:30 a.m. on any Wednesday, Thursday, or Friday that is not a holiday. Those that require a half-day may be heard by appointment booked through the Deputy Registrar.

Chambers for trustees, including discharge motions, will continue to be held starting at 1:30 p.m. on Fridays.

Documents under the Bankruptcy and Insolvency Act must be styled and filed with the Deputy Registrar as provided in the General Rules made under that statute. Other documents are governed by the Civil Procedure Rules, but a party should notify the Deputy Registrar whenever a document for insolvency chambers is filed with the Prothonotary.

The insolvency chambers judge may give directions, generally or specifically, on procedure in insolvency chambers. The judge may make arrangements for hearings in a place outside Halifax in consultation with the district judge for that place.