Directions to Co-Signatories

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 (the Superintendent) 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) 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 & Associés 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;

Whereas, on May 17, 2007, I the undersigned, modified the conservatory measures of July 4, 2006, to add names of co-signers;

I, the undersigned, Robert Massé, Assistant Superintendent, Trustee Compliance, modify the conservatory measures of July 4, 2006, and May 17, 2007, as follows:

Direct Ms. Patricia Couture or Mr. François Leblanc or Ms. Linda Blaney or Mr. Gilles Normand Lavallée or Ms. Johanne Picard or Ms. Alona Chemtob 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 this direction, 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 & Associés inc.;

This direction takes effect immediately and will remain in effect until the trustees have corrected their deficiencies or until further notice;

In accordance with subsection 14.03(3) of the Act, this direction binds the addressees, who must comply with the direction;

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

Signed, in the City of Montréal, Quebec,
April 16, 2008

Robert Massé
Assistant Superintendent, Trustee Compliance

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