Hugh Havelock MCLEAN

MCLEAN, The Hon. Hugh Havelock, K.C.

Personal Data

Party
Unionist
Constituency
Royal (New Brunswick)
Birth Date
March 22, 1854
Deceased Date
November 22, 1938
Website
http://en.wikipedia.org/wiki/Hugh_Havelock_McLean
PARLINFO
http://www.parl.gc.ca/parlinfo/Files/Parliamentarian.aspx?Item=8dfefd55-ad19-4012-a2c9-b6c83a73227a&Language=E&Section=ALL
Profession
lawyer

Parliamentary Career

October 26, 1908 - July 29, 1911
LIB
  Sunbury--Queen's (New Brunswick)
September 21, 1911 - October 6, 1917
LIB
  Sunbury--Queen's (New Brunswick)
December 17, 1917 - October 4, 1921
UNION
  Royal (New Brunswick)

Most Recent Speeches (Page 6 of 19)


April 25, 1919

Mr. MCLEAN:

In drafting the amendment that objection can be easily met.

I think the Bill should contain a provision that the creditors-a majority if you wish-should take control of the debtor's estate and put it in the hands of any person they think would be capable of winding it up to the best advantage. 'Such a provision would be especially applicable in my province, because, as I mentioned, we have not a sufficient number of skilled people to draw on in cases of this nature, and in out of the way places it would be necessary to secure a local man possessing the necessary qualifications. I think the principle is correct; the estate belongs to the creditors, and they should have control of it, rather than the Government should put A. B. in control because they have appointed him an official trustee. Under the old Act there was never any difficulty about the assignees appointed by the creditors; the difficulty always was with the official assignee. He was the man who made away with the estate.

Topic:   BANKRUPTCY ACT.
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April 25, 1919

Mr. H. H. McLEAN:

Provision is made in the Act that general meetings may be called by the trustee at any time he thinks fit, or by order of the inspectors. In the notice calling the meeting, it is not necessary for the trustee to specify the purpose for which the meeting is being called. A couple of creditors attend and vote whatever remuneration to the trustee they see fit. In such an important matter as this, proper notice should be given to the creditors of the purpose for which the meeting i3 called. I would ask the Solicitor General to consider' this subsection with a view of drafting an amendment to provide for such notice.

Topic:   BANKRUPTCY ACT.
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April 25, 1919

Mr. H. H. McLEAN:

They cannot be appointed trustees of an estate unless they have been previously appointed ,by the Governor in Council.

Topic:   BANKRUPTCY ACT.
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April 25, 1919

Mr. H. H. McLEAN:

Subsection (2) provides that the remuneration of a trustee shall be limited to five per cent. If he wants to get more than five per cent he should get it at a meeting at which a majority of the creditors are represented. If he wants to get that extra remuneration he must arrange that the creditors be present at that meeting in person or by proxy, and those creditors should know what they are to vote for. Otherwise, he will get the remuneration fixed by the Act.

Topic:   BANKRUPTCY ACT.
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April 25, 1919

Mr. McLEAN:

I agree with my hon.

friend (Mr. Nesbitt). It seems to me that every safeguard is thrown around this section. As he points out, if the court comes to the conclusion that the demand is grossly excessive or unjust it may order the trustee to personally pay the costs. Why should he not pay those costs?

Topic:   BANKRUPTCY ACT.
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