300593 B.C. Ltd. v. 410627 Alberta Ltd., (1991) 115 A.R. 227 (QBM)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 07, 1991
• Citations: (1991), 115 A.R. 227 (QBM)

300593 B.C. Ltd. v. 410627 Alta. Ltd. (1991), 115 A.R. 227 (QBM)

MLB headnote and full text

300593 B.C. Ltd. (applicant) v. 410627 Alberta Ltd. (respondent)

(Action No. 9003-21404)

Indexed As: 300593 B.C. Ltd. v. 410627 Alberta Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Funduk, Master in Chambers

January 7, 1991.

Summary:

A vendor sold equipment to a purchaser. The purchaser failed to make a scheduled payment under the master contract. The vendor seized the equipment. The purchaser applied to set aside the seizure for failure to give the 60 days' notice stipulated for in the master contract.

A Master of the Alberta Court of Queen's Bench allowed the application.

Contracts - Topic 7411

Interpretation - Inconsistent related docu­ments - A sale of equipment was gov­erned by a master contract giving the purchaser 60 days to remedy default under the contract - The vendor took back a chattel mortgage on the equip­ment - The purchaser defaulted - The vendor seized the equipment without waiting 60 days - The master contract and the chattel mort­gage arose from the same transaction and were not indepen­dent - A Master of the Alberta Court of Queen's Bench set aside the seizure - The terms of the master contract prevailed over the terms of the chattel mortgage.

Cases Noticed:

Vladimer Holdings Ltd. v. 203136 Alberta Ltd. (1983), 39 A.R. 104 (Q.B. Master), refd to. [para. 17].

Continental Insurance Co. v. Law Society of Alberta (1985), 56 A.R. 98 (C.A.), refd to. [para. 18].

Hunchak's Estate and Hunchak v. Bandura (1988), 83 A.R. 262 (Q.B. Master), refd to. [para. 24].

Statutes Noticed:

Court of Queen's Bench Act, R.S.A. 1980, c. C-29, sect. 9(2)(d) [para. 30].

Personal Property Security Act, S.A. 1988, c. P-4.05, sect. 58(1)(a) [para. 26].

Counsel:

R.H. Haggett (Cook, Duke, Cox), for the applicant;

A. Romanchuk (Simons and Romanchuk), for the respondent.

This application was heard before Funduk, Master in Chambers, of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on January 7, 1991.