Comment on the Proposition de Fuoco decision – The criteria for a provable claim and the debt resulting from the legal warranty of quality
The authors comment on a recent decision of the Court of Appeal at the interlocutory stage of a matter involving bankruptcy and contractual obligations. The Court had to determine if a claim resulting from an action for latent defects is a provable claim within the meaning of the Bankruptcy and Insolvency Act. In doing so, the Court analyzed sections 121 and 135 of the BIA and the case law in this regard.