A.A. Electric Ltd. and Swan Electric Ltd., Re; A.A. Electric Ltd. and Swan Electric Ltd. v. Bank of British Columbia, Tohcan Ltd., Alberta, Department of Labour and Elbec Contractors Ltd., (1978) 21 A.R. 248 (TD)

• Judge: Cavanagh, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: July 26, 1978
• Citations: (1978), 21 A.R. 248 (TD)

AA Electric Ltd., Re (1978), 21 A.R. 248 (TD)

MLB headnote and full text

Re A.A. Electric Ltd. and Swan Electric Ltd.; A.A. Electric Ltd. and Swan Electric Ltd. v. Bank of British Columbia, Tohcan Ltd., Government of the Province of Alberta, Department of Labour and Elbec Contractors Ltd.

Indexed As: A.A. Electric Ltd. and Swan Electric Ltd., Re; A.A. Electric Ltd. and Swan Electric Ltd. v. Bank of British Columbia, Tohcan Ltd., Alberta, Department of Labour and Elbec Contractors Ltd.

Alberta Supreme Court

Trial Division

Cavanagh, J.

July 26, 1978.

Summary:

This headnote contains no summary.

Bankruptcy - Topic 3930

Secured creditors - What constitutes - Claim for wages - The Alberta Supreme Court, Trial Division, held that s. 48 of the Alberta Labour Act and s. 105 of the Alberta Companies Act did not give unpaid wage earners secured creditor status - The Trial Division held that s. 107 of the Bankruptcy Act, which classified unpaid wage earners as preferred creditors, governed the distribution of the bankrupt estate.

Cases Noticed:

Attorney General of Alberta v. Board of Industrial Relations et al., [1976] 1 W.W.R. 756, refd to. [para. 9].

Alberta Opportunity Co. v. Planidin et al. (1977), 4 A.R. 528, refd to. [para. 9].

Statutes Noticed:

Labour Act, S.A. 1973, c. 33, sect. 48 [para. 8].

Companies Act, R.S.A. 1970, c. 60, sect. 105 [para. 10].

Bankruptcy Act, R.S.C. 1970, c. B-3, sect. 2 [para. 8]; sect. 107 [para. 4].

Counsel:

G.E. Bowker, for the applicant Trustee James G. Davidson;

I.C. Hutton, for the Attorney General of Canada;

S.C. Fowler, for the Attorney General of Alberta;

J.T. Prowse, for the respondent Tohcan Limited;

H.M. Liknaitzky, for the respondent Bank of British Columbia;

J.D. Snowdon, for the assignees of employees.

This case was heard by CAVANAGH, J., of the Alberta Supreme Court, Trial Division.

On July 26, 1978, CAVANAGH, J., delivered the following judgment: