32262 B.C. Ltd. v. Blackfoot Metals Ltd. et al., (1997) 202 A.R. 223 (QBM)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 06, 1997
• Citations: (1997), 202 A.R. 223 (QBM)

32262 B.C. Ltd. v. Blackfoot Metals (1997), 202 A.R. 223 (QBM)

MLB headnote and full text

Temp. Cite: [1997] A.R. TBEd. MY.042

32262 B.C. Ltd. (plaintiff) v. Blackfoot Metals Ltd. and Gardy Ketler (defendants)

(Action No. 9603-23433)

Indexed As: 32262 B.C. Ltd. v. Blackfoot Metals Ltd. et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Funduk, Master in Chambers

May 6, 1997.

Summary:

The plaintiff alleged that he rented a sign to the defendants for 77 months and that the contract was automatically renewed for a further 77 months when the defendants failed to give 30 days notice that they did not intend to renew. The plaintiff applied for summary judgment. The defendants applied to have the lawsuit transferred to another judicial district.

A Master of the Alberta Court of Queen's Bench granted summary judgment to the plaintiff.

Guarantee and Indemnity - Topic 9

General - Guarantor and debtor distin­guished - The plaintiff alleged that he rented a sign to a company and its princi­pal, Ketler, for 77 months and that the contract was automatically renewed for a further 77 months when they failed to give 30 days notice that they did not intend to renew - Ketler defended on the ground, inter alia, that he was just a guarantor and so was not liable because the Guarantees Acknowledgement Act was not complied with - A Master of the Alberta Court of Queen's Bench held that Ketler executed the contract as a co-advertiser - Clause 27 of the contract made it clear that the lia­bilities of co-advertisers were both joint and several (i.e., that the advertiser and co-advertiser were co-debtors) - See para­graphs 12 to 22.

Practice - Topic 5702

Judgments and orders - Summary judg­ments - Jurisdiction or when available - The plaintiff alleged that he rented a sign to a company and its principal, Ketler, for 77 months and that the contract was auto­matically renewed for a further 77 months when they failed to give 30 days notice that they did not intend to renew - Ketler disputed liability on the grounds that: he was just a guarantor and so was not liable because the Guarantees Acknowledgement Act was not complied with; he was never advised that there was an automatic renewal provision in the contract; and the plaintiff released him and the company from their obligations - A Master of the Alberta Court of Queen's Bench granted summary judgment to the plaintiff.

Cases Noticed:

32262 B.C. Ltd. v. Thomas (N.R.) Pro­fessional Corp. et al. (1995), 170 A.R. 161 (Q.B.), refd to. [para. 1].

32262 B.C. Ltd. v. Smart et al. (1996), 24 B.C.L.R.(3d) 21 (C.A.), refd to. [para. 3].

32262 B.C. Ltd. v. 271617 B.C. Ltd. - see 32262 B.C. Ltd. v. Smart et al.

32262 B.C. Ltd. v. 411676 Alberta Ltd. et al. (1995), 170 A.R. 67; 29 Alta. L.R.(3d) 415 (Q.B. Master), refd to. [para. 4].

Meredian Developments Ltd. v. Nu-West Group Ltd. (1984), 52 A.R. 248; 31 Alta. L.R.(2d) 1 (C.A.), refd to. [para. 14].

Anchor Fence Inc. v. Polaris Realty Corp. et al. (1994), 156 A.R. 81; 22 Alta. L.R.(3d) 311 (Q.B. Master), refd to. [para. 28].

Turner v. Visscher Holdings Inc. (1996), 77 B.C.A.C. 48; 126 W.A.C. 48; 23 B.C.L.R.(3d) 303 (C.A.), refd to. [para. 28].

Duchon Signs Ltd. v. Raminhos, [1984] 4 W.W.R. 752; 27 Man.R.(2d) 200 (C.A.), refd to. [para. 39].

Canadian Acceptance Corp. v. Regent Park Butcher Shop Ltd. (1969), 3 D.L.R.(3d) 304 (Man. C.A.), refd to. [para. 39].

Keneric Tractor Sales Ltd. v. Langille, [1987] 2 S.C.R. 440; 79 N.R. 241; 82 N.S.R.(2d) 361; 207 A.P.R. 361, refd to. [para. 39].

Counsel:

R.A. Beeken (Bosechke, Knowl & Beeken), for the plaintiff;

H.M. Lowenstein (Fric, Lowenstein & Co.), for the defendants.

These applications were heard by Funduk, Master in Chambers, of the Alberta Court of Queen's Bench, Judicial District of Edmon­ton, who delivered the following judgment on May 6, 1997.