Patricia Couture, Roger Rouselle, François Leblanc and Linda Blaney

Conservatory Measures

What is a conservatory measure?

The Superintendent of Bankruptcy puts in place conservatory measures when a bankruptcy or insolvency estate needs protection. It might be in cases of Licensed Insolvency Trustee (LIT) malfeasance or if serious wrongdoing on the part of a LIT puts estate files at risk. Conservatory measures may also be put in place if a LIT becomes ill or dies without a valid succession agreement. Finally, conservatory measures may be put in place if a LIT, for whatever reason, has allowed the administration of his or her practice to become substandard.

Canada

In the matter of:
John Lukca
J. Lukca & Associés inc.


Modification of Directions for Conservatory Measures
(section 14.03 of the Bankruptcy and Insolvency Act)


Whereas the Bankruptcy and Insolvency Act (the Act) provides the Superintendent of Bankruptcy with the general power to supervise the administration of all estates and matters to which the Act applies;

Whereas John Lukca is the holder of an individual trustee licence;

Whereas J. Lukca & Associés inc. is the holder of a corporate trustee licence;

Whereas the Superintendent of Bankruptcy may, in order to protect estate assets, exercise the powers set out in subsection 14.03(1) (Conservatory Measures) of the Act, under the circumstances anticipated in subsection 14.03(2) of the Act;

Whereas, on July 4, 2006, Marie Tardif, a person to whom the Superintendent had delegated the Superintendent's powers as specified at subsection 14.03 (1) of the Act, issued certain directions for conservatory measures to Ms. Patricia Couture or Mr. Roger Rousselle or Mr. François Leblanc, to ensure the validity and justification of all payments for expenses, fees, remuneration, etc. from the estate accounts administered by John Lukca or J. Lukca & Associés inc. that are presented for payment subsequent to the issuance of these directions, and if said payments are justified, to co-sign all cheques, bills of exchange, bank drafts, certificates of deposit and fund transfers payable out of the estate trust bank accounts administered by John Lukca or J. Lukca & Associates. Inc. Those directions took effect on July 4, 2006 and were to remain in effect until the trustees corrected their deficiencies or until further notice;

Whereas, the Superintendent of Bankruptcy has delegated to me, Robert Massé, Assistant Superintendent, Trustee Compliance, in accordance with subsection 14.01(2) of the Act, in certain situations mentioned in subsection 14.03(2), the Superintendent's powers as specified at subsection 14.03 (1) of the Act;

I, the undersigned, Robert Massé, Assistant Superintendent, Trustee Compliance modify the conservatory measures of July 4, 2006 as follows:

Direct Ms. Patricia Couture or Mr. Roger Rousselle or Mr. François Leblanc or Ms. Linda Blaney, to ensure the validity and justification of all payments for expenses, fees, remuneration, etc. from the estate accounts administered by John Lukca or J. Lukca & Associés inc. that are presented for payment subsequent to the issuance of these directions, and if said payments are justified, to co-sign all cheques, bills of exchange, bank drafts, certificates of deposit and fund transfers payable out of the estate trust bank accounts administered by John Lukca or J. Lukca & Associates. Inc. These directions take effect immediately and will stay in place until the trustees have corrected their deficiencies or until further notice.

In accordance with subsection 14.03(3) of the Act, these directions bind their addressees, who must comply with them.

In accordance with subsection 14.03(4) of the Act, a person who complies with these directions is not liable for any act done by the person only to comply with them.

Signed, in the City of Montréal, Québec,
May 17, 2007

Robert Massé
Assistant Superintendent, Trustee Compliance

This document has been reproduced as submitted by the delegate of the Superintendent of Bankruptcy.
Date modified: