Romaniuk's
Search Warrants Considered

Searches for
Bankrupts' Property

• The property of bankrupts is subject to warranted searches and seizures pursuant to s. 189 of the Bankruptcy and Insolvency Act.
• "Accordingly, since section 189 BIA applies only after bankruptcy and the petition for receiving order in the present file is still pending, section 189 BIA was not available to PWC as interim receiver. Consequently, the order and warrant should be quashed on this ground alone {para 150}
  [Marciano (Séquestre de); QSC," app dism'd; QCA].
• Trustees attempting to recover a bankrupt's property can only enter third party's premises under a search warrant s. 16(3.1).
• Search warrants issued under the aforementioned sections are subject to the same considerations as any other search warrant
  [MacDonald, Re; OSCJ].
• Bankrupts can only be searched by a sheriff - under the Bankruptcy and Insolvency Act's Bankruptcy and Insolvency General Rules at s. 15.
• The search warrant is issued under the Criminal Code
  [Multiform Manufacturing Co.; SCC].
• Trustees instructing warranted searches and seizures must also comply with all of the other provisions of the Criminal Code attendant to a seizure. Specifically they have to provide a Report to a Justice
  [Chocolats Cinq Étoiles inc. (Syndic de) ; {para 5}; QSC].
• Some commentary? See [Rains, M.E.; ABPC, El-Equip Inc.; OSCJ, Bank of Montreal; ABQB and Kostiuk, S.L.; BCSC].
• Seizures of the records and files of Trustees in Bankruptcy made under the provisions of s. 14.03 Bankruptcy and Insolvency Act do not require a search warrant. Here the Office of the Superintendent of Bankruptcy had repeatedly asked the Trustees to close a number of files. They had refused to do so. Hence the Superintendent seized the files and gave them to another firm to be closed
  [Marchand syndics inc., FCA; app dism'd; SCC].

END OF BANKRUPTS SECTION

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