Allalta Credit Union Ltd. v. Brum Developments Ltd., MacDonald, 207403 Holdings Ltd. and Mentor Holdings Ltd., (1984) 55 A.R. 334 (QBM)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: June 01, 1984
• Citations: (1984), 55 A.R. 334 (QBM)

Allalta Credit v. Brum Dev. Ltd. (1984), 55 A.R. 334 (QBM)

MLB headnote and full text

Allalta Credit Union Ltd. v. Brum Developments Ltd., MacDonald, 207403 Holdings Ltd. and Mentor Holdings Ltd.

(No. 8303-38534)

Indexed As: Allalta Credit Union Ltd. v. Brum Developments Ltd., MacDonald, 207403 Holdings Ltd. and Mentor Holdings Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Funduk, Master in Chambers

June 1, 1984.

Summary:

A creditor brought an action against a debtor and three guarantors to recover monies allegedly owing under two promissory notes and a mortgage. A demand of notice was filed on behalf of the debtor and guarantors and they were noted in default. One of the guarantors applied to withdraw the demand of notice and to be allowed to file a statement of defence.

The Alberta Court of Queen's Bench allowed the application.

Practice - Topic 1730

Pleadings - Demand of notice - Withdrawal - A creditor brought an action against a debtor and three guarantors to recover monies allegedly owing under two promissory notes and a mortgage - A demand of notice was filed on behalf of the debtor and guarantors and they were noted in default - One of the guarantors, who misunderstood the legal effect of the demand of notice and believed he had a valid defence, applied to withdraw the demand and to be allowed to file a statement of defence in its place - A Master of the Alberta Court of Queen's Bench allowed the application.

Cases Noticed:

R. v. Wilson, [1977] 2 W.W.R. 520; 2 A.R. 351 (Alta. C.A.), ref'd to. [para. 14].

Re Canadian Workers Union and Frankel Structural Steel Ltd., 12 O.R.(2d) 560 (H.C. Div. Ct.), ref'd to. [para. 45].

Myers v. Elman, [1940] A.C. 282 (H.L.), ref'd to. [para. 46].

Counsel:

A.E. Wilson, for the plaintiff;

L.R. Lyman, for Ken MacDonald.

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 June 1, 1984.