VOL. IX. j EXCHEQUER COURT REPORTS. 337 IN THE MATTER Of THE GREAT NORTHERN RAILWAY COMPANY 1905 . ~,..r • OF -CANADA. March 13. Scheme of Arrangement—The Railway Act, 1903, secs. 285, 286—A ppli-eatlon to confirm Scheme—Enrollment where no objection made. MOTION to confirm a scheme of arrangement, between The Great Northern Railway Company of Canada and its creditors, filed in the Exchequer - Court under the provisions of section 285 of The Railway Act, 1903: March 6th, 1905. C. I. R. Bethune, in support of the motion, read the scheme of arrangement ; the petition of a majority of the shareholders of the company, praying that the scheme of arrangement be confirmed by order of court ; the affidavit of one of the vice-presidents of the company averring that the declaration of the company in its scheme of arrangement that the company was unable to meet its engagements with its creditors was true ; the affidavit of a director of the company that the company would be able to carry out the sc:~.=ne of arrangement if so confirmed ; and the certificate of the Deputy Registrar of the court that assents in writing of over three-fourths in value of the bond-holders of the company, as required by the provisions of 'section 286 of The Railway Act, 1903, had been filed. He asked that upon these documents, all being filed of record, an order pass confirming the scheme and directing that the same be enrolled forthwith. C. S. Campbell, KC., appeared to watch the motion for certain unsecured creditors of the company, but offered no objection to the order being granted. He 22
338 EXCHEQUER COURT REPORTS [VOL. IX. 1905 however asked for an adjournment of the hearing of GREAT the motion, in order to confer with counsel for the NORTH RAILWAY comp a , n 7 y with a view to having a more sp P e cific under- CANADA. taking to pay unsecured creditors filed by the coYn-o A f r 4 g u ou m ne e e n ! t pany than that contained in the scheme of arrange- an d Judgment. ment. The motion was adjourned for this purpose. March 13th, 1905. Mr. Bethune appeared in support cf the motion. Mr. J. F. Orde appeared, under instructions from Mr. Campbell K.C., and stated that while no undertaking such as Mr. Canapt,ell had asked for would be filed by the company. no objection would be made to the order going as prayed. Per Curiar : The motion will be granted. The scheme of arrangement will be confirmed, and, as there is no objection, the sanie will be enrolled by the Registrar forthwith. Order accordingly.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.