The Bank of Montreal, 630 René-Levesque Blvd. West, Montréal (Qc)

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.


Modifications 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 estates, 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:

The Bank of Montréal, branch located at 630 René-Lévesque Boulevard West, Montréal, Quebec H3B 1S6:

  • to make no debit, payment or transfer on funds credited to the estate accounts administered by J. Lukca & Associés inc. and listed in Appendix A without the co-signature of Ms. Patricia Couture or Mr. Roger Rousselle or Mr. François Leblanc, in addition to that of Ms. Rochelle Pont Budd or Mr. John Lukca.
  • not to pay out of these same accounts any bills of exchange, cheques, bank drafts, certificates of deposit, or other such instruments that may have been issued prior to receipt of these directions but are presented for payment after receipt of these directions, unless said cheques, bills of exchange or bank drafts have been co-signed by Ms. Patricia Couture or Mr. Roger Rousselle or Mr. François Leblanc in addition to Ms. Rochelle Pont Budd or Mr. John Lukca.

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, since the issue of these directions Rochelle Pont Budd has ceased to be an associate of J. Lukca & Associates inc.;

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 to the Bank of Montréal, branch located at 630 René-Lévesque Boulevard West, Montréal, Quebec H3B 1S6, as follows:

  • to make no debit, payment or transfer on funds credited to the estate accounts administered by J. Lukca & Associés inc. and listed in Appendix A without the co-signature of Ms. Patricia Couture or Mr. Roger Rousselle or Mr. François Leblanc or Ms. Linda Blaney, in addition to that of Mr. John Lukca.
  • not to pay out of these same accounts any bills of exchange, cheques, bank drafts, certificates of deposit, or other such instruments that may have been issued prior to receipt of these directions but are presented for payment after receipt of these directions, unless said cheques, bills of exchange or bank drafts have been co-signed by Ms. Patricia Couture or Mr. Roger Rousselle or Mr. François Leblanc or Ms. Linda Blaney in addition to that of Mr. John Lukca.

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

Appendix A Account Numbers title "General Trust Account"

0029815
1001098
18910
5205995
0057711
1001627
35815
5207807
0079219
1004068
174513
5210700
0083917
1004746
217913
5213130
0092916
1005651
218219
 
0104213
1006006
306789
 
0147419
1006105
322334
 
0164216
1006170
326410
 
0165018
1033182
338727
 
0218014
1033414
377560
 
 
1034302
380618
 
 
 
384591
 
 
 
400815
 
This document has been reproduced as submitted by the delegate of the Superintendent of Bankruptcy.
Date modified: