Éric Métivier — January 28, 2004
Professional Conduct Decision
What is a professional conduct decision?
An investigation into a Licensed Insolvency Trustees (LIT)'s professional conduct is initiated when there is information to suggest that the LIT has not properly performed the duties of a trustee or there has been improper administration of an estate or lack of compliance with the Bankruptcy and Insolvency Act (BIA).
In some cases, the findings are sufficiently serious to support a recommendation for sanctions against the LIT's licence (cancel or suspend a LIT's licence (subsection 13.2(5) of the BIA) or impose conditions or limitations (subsection 14.01(1) of the BIA)).
The professional conduct decision is deemed to be a decision of a federal board, commission or tribunal and may be judicially reviewed by the federal court.
Province of Québec
In the Matter of
Whereas Éric Métivier holds a trustee licence pursuant to the Bankruptcy and Insolvency Act for the province of Québec;
Whereas on January 16, 2001, the Senior Analyst/Disciplinary Affairs of the Office of the Superintendent of Bankruptcy issued a report under Subsection 14.02(1) of the Bankruptcy and Insolvency Act;
Whereas this report alleges disciplinary offences against the said Act;
Whereas the trustee does not admit and has challenged the said alleged offences; and, in particular, in the matter of Auberge Jacques Cartier, does not admit the alleged facts nor any responsibility that might flow therefrom;
Whereas during the hearing, the parties nonetheless came to an agreement in order to submit a joint recommendation to the undersigned;
Whereas there is no previous disciplinary record of the trustee;
Whereas the parties have submitted to me the text of this decision, which, in the circumstances, seems to me to be fair, reasonable and not contrary to public policy.
By These Reasons:
I, Jean-Claude Demers, Q.C., undersigned, delegate of the Superintendent of Bankruptcy and by virtue of the powers that have been delegated to me under section 14.01 of the Bankruptcy and Insolvency Act,
Suspend the licence of trustee Éric Métivier for a period of one (1) month starting on March 15, 2004, during which period he will be barred from acting as a trustee, an interim receiver or a receiver under Part XI of the Bankruptcy and Insolvency Act;
Restrict for a period of two (2) months starting at the end of the suspension mentioned in the previous paragraph the licence of trustee Éric Métivier during which period he will be barred from lodging new files as a trustee, interim receiver and receiver within the meaning of Part XI of the Act in files of assets where the debtor is not an individual.
Signed at Québec, this 28th Day of January 2004
Jean-Claude Demers, Q.C.
This document has been reproduced as submitted by the delegate of the Superintendent of Bankruptcy.
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