The original version of the decision was issued in French. The English version is a translation. Please refer to the French decision for the official version.
Professional Conduct Decision
What is a professional conduct decision?
An investigation into a Licensed Insolvency Trustees (LIT)'s professional conduct is initiated when there is information to suggest that the LIT has not properly performed the duties of a trustee or there has been improper administration of an estate or lack of compliance with the Bankruptcy and Insolvency Act (BIA).
In some cases, the findings are sufficiently serious to support a recommendation for sanctions against the LIT's licence (cancel or suspend a LIT's licence (subsection 13.2(5) of the BIA) or impose conditions or limitations (subsection 14.01(1) of the BIA)).
The professional conduct decision is deemed to be a decision of a federal board, commission or tribunal and may be judicially reviewed by the federal court.
OSB File No.: 966417
Before Elisabeth Lang, Superintendent of Bankruptcy
In the matter of the professional conduct of a Trustee pursuant to section 14.01 of the Bankruptcy and Insolvency Act concerning:
Office of the Superintendent of Bankruptcy Canada (OSB)
- and -
Éric Métivier, individual trustee licence number 1951
Reasons for decision and order pursuant to section 14.01
- This decision is based on a review of the documentation regarding the Trustee's professional conduct investigation provided to the Superintendent.
- In an agreement signed by the parties, dated September 12, 2022, the parties informed the Superintendent that they agreed to the following facts and events:
- On October 31, 2018, François Ménard was appointed investigator in charge of conducting an investigation into the professional conduct of Licensed Insolvency Trustee Éric Métivier of the Trustee firm Roy Métivier Roberge Inc. pursuant to paragraph 5(3)(e) of the Bankruptcy and Insolvency Act (BIA);
- As a result of this investigation, the OSB investigator found, among other things, the existence of referral arrangements, as defined in the OSB position paper, Referral Agreements between Trustees and a Third Party, dated March 31, 2006, for 176 consumer proposal filings between March 2014 and December 2015;
- The investigator submitted a preliminary report on the professional conduct of Trustee Éric Métivier dated February 27, 2020 to the Investigative Review Committee;
- On March 10, 2020, a copy of this preliminary report of the investigator was provided to Trustee Eric Métivier. The Trustee has reviewed it and disputes and denies most of the investigator's findings as written;
- The parties have entered into negotiations with a view to resolving this proceeding and ending the disputes between them and have reached a mutually acceptable agreement;
- After consideration of the circumstances of this case, including:
- The facts agreed to by the above parties;
- The documents on file;
- The additional information submitted to me on May 25, 2022, pursuant to my request of February 4, 2022 to the above-mentioned parties;
it appears to me that the requirements of subsection 14.01(1) of the BIA have been met and that the proposed consent order of the parties is fair, reasonable and in the public interest;
- Therefore, in my capacity as Superintendent of Bankruptcy and pursuant to paragraph 14.01(1)(d) of the BIA, I order:
- That this decision concludes the investigation commenced on October 31, 2018, against Licensed Insolvency Trustee Eric Métivier, license number 1951;
- That Licensed Insolvency Trustee Éric Métivier, Licence Number 1951, pays the sum of twenty thousand dollars ($20,000) to the Receiver General for Canada, within 30 days of this order;
If the Trustee fails to comply with the terms of this order, the Licensed Insolvency Trustee shall be in default pursuant to paragraph 13.2(5)(b) of the BIA.
Signed at Ottawa, Ontario, on September 23, 2022, pursuant to subsection 14.01(1) of the Bankruptcy and Insolvency Act.
______________________________
Elisabeth Lang
Superintendent of Bankruptcy