Alberta Caterplan Ltd. (Bankrupt), Re, (1991) 117 A.R. 147 (CA)

• Judge: Kerans, J.A., Feehan, J.(ad hoc) and Côté, J.A.
• Court: Court of Appeal (Alberta)
• Case Date: Wednesday May 01, 1991
• Citations: (1991), 117 A.R. 147 (CA)

Alta. Caterplan Ltd. (Bankrupt), Re (1991), 117 A.R. 147 (CA);

    2 W.A.C. 147

MLB headnote and full text

In the Matter of the Bankruptcy of Alberta Caterplan Ltd.

371890 Alberta Ltd., Remaco Consulting Ltd., Aaron Oshry Professional Corporation, Henry Wilman, Barbara Wilman, Aaron Oshry, Jean Oshry and Canadian Caterplan Ltd. (applicants/appellants) v. Gray Beverage Inc. (respondent)

(Appeal No. 9003-0523-AC)

Indexed As: Alberta Caterplan Ltd. (Bankrupt), Re

Alberta Court of Appeal

Kerans, J.A., Feehan, J.(ad hoc)

and Côté, J.A.

May 6, 1991.

Summary:

A trustee in bankruptcy assigned a cause of action to Gray Beverage. The assignment

was approved by a bankruptcy court. The intended defendants applied to set aside two clauses in the court order. The application was dismissed. The intended defendants appealed.

The Alberta Court of Appeal dismissed the appeal.

Bankruptcy - Topic 6448

Administration of estate - Actions by trustee, assignment of - A trustee in bank­ruptcy assigned a cause of action to Gray Beverage - The court order approving the assignment authorized Gray Beverage to examine the bankrupt and certain third parties and to challenge the entitlement of certain creditors - The intended defendants objected to the court order - The Alberta Court of Appeal approved the order.

Statutes Noticed:

Bankruptcy Act, R.S.C. 1985, c. B-3, sect. 38, sect. 163 [para. 3].

Counsel:

M.J. McCabe, for the appellants;

P. Vaartnou, for the respondent.

This appeal was heard by Kerans, J.A., Feehan, J. (ad hoc), and Côté, J.A., of the Alberta Court of Appeal on May 1, 1991. The decision of the court was delivered on May 6, 1991.