C & A Electrical Industries Ltd. v. Gitersos et al., (1983) 43 A.R. 234 (CA)

• Judge: Moir, Kerans and Stevenson, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: February 16, 1983
• Citations: (1983), 43 A.R. 234 (CA)

C&A Electrical Ind. Ltd. v. Gitersos (1983), 43 A.R. 234 (CA)

MLB headnote and full text

C & A Electrical Industries Ltd. v. Gitersos et al.

(No. 15199)

Indexed As: C & A Electrical Industries Ltd. v. Gitersos et al.

Alberta Court of Appeal

Judicial District of Edmonton

Moir, Kerans and Stevenson, JJ.A.

February 16, 1983.

Summary:

A lien claimant appealed a Master's decision fixing a lien fund directly to the Court of Appeal. The Alberta Court of Appeal held that the Court had no jurisdiction to hear the appeal, and referred the appeal to the Court of Queen's Bench.

Courts - Topic 1125

Masters - Appeals from - Jurisdiction - A lien claimant appealed a Master's decision fixing a lien fund directly to the Court of Appeal - The Alberta Court of Appeal held that the Court had no jurisdiction to hear the appeal - The Court held that an appeal from a Master did not lie to the Court of Appeal if there was a right to appeal within the Court of Queen's Bench - See paragraphs 1 to 6.

Cases Noticed:

Menduk v. Gore Mutual Insurance Company (1969), 67 W.W.R.(N.S.) 573, refd to. [para. 7].

Statutes Noticed:

Builders' Lien Act, R.S.A. 1980, c. B-12, sect. 52 [para. 2].

Court of Queen's Bench Act, R.S.A. 1980, c. C-29, sect. 12 [para. 2].

Judicature Act, R.S.A. 1980, c. J-1, sect. 3 [para. 2].

Rules of Court (Alta.) rule 499(1), rule 505(2) [para. 2].

Counsel:

J.C. Worton, for respondents, Gitersos and Bouronikos;

D.W. Meindersma, for appellant, C & A Electrical Industries Ltd.;

D.B. Logan, for Angelhart Construction Ltd.;

C.R. McNary, for the Royal Bank of Canada.

On February 16, 1983, STEVENSON, J.A., delivered the following judgment for the Court of Appeal: