Alberta and Coopers & Lybrand Ltd. v. Ryan Construction Ltd. et al., (1982) 40 A.R. 413 (QBM)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 30, 1982
• Citations: (1982), 40 A.R. 413 (QBM)

Alta. v. Ryan Constr. Ltd. (1982), 40 A.R. 413 (QBM)

MLB headnote and full text

Province of Alberta and Coopers & Lybrand Limited v. Ryan Construction Ltd., Registrar of North Alberta Land Registration District, Sax, Zimmel, Stewart & Co., Tubar Tire Centre Co. Ltd., Paget, Ray Philips Enterprises Ltd., W.C.B., 166423 Design Group Ltd., and Precision Scale Co. (Edm.) Ltd.

(No. 8203-29336)

Indexed As: Alberta and Coopers & Lybrand Ltd. v. Ryan Construction Ltd. et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Funduk, Master in Chambers

September 30, 1982

Summary:

A Registrar of Land Titles refused to register a deed from a receiver to a purchaser because the receiver was not an "owner" as required by s. 68(1) of the Land Titles Act, R.S.A. 1970, c. 198. The receiver applied under s. 95 of the Canada Business Corporations Act, S.C. 1974-75, c. 33, for an order to direct the Registrar to register the deed. The Alberta Court of Queen's Bench dismissed the application.

Receivers - Topic 1741

Appointment by debenture holder - Agency relationship - A Master of the Alberta Court of Queen's Bench, in a case where a debenture was unclear about for whom a receiver was the agent, held that a receiver cannot be an agent for both the debtor and the debenture holder, stating that only one principal-agent relationship can exist - See paragraphs 29 to 32.

Receivers - Topic 2888

Sale of property - Registration of documents - Court order for - A receiver applied under s. 95 of the Canada Business Corporations Act, S.C. 1974-75, c. 33, for an order to direct the Registrar of Land Titles to register a deed of a debtor's land - Under s. 68(1) of the Land Titles Act, R.S.A. 1970, c. 198, only the debtor could register the deed - A Master of the Alberta Court of Queen's Bench dismissed the application, where the receiver failed to prove at least the minimum requirement that the sale price was a fair price - See paragraphs 39 to 45.

Words and Phrases

Owner - A Master of the Alberta Court of Queen's Bench discussed the meaning of the word "owner" as found in s. 68(1) of the Land Titles Act, R.S.A. 1970, c. 198, and held that a receiver was not an "owner" - See paragraph 24.

Cases Noticed:

Industrial Development Bank v. Lees (1970), 75 W.W.R.(N.S.) 445 (Sask. C.A.), dist. [para. 13].

Ferris v. Nowitskey (1951), 3 W.W.R.(N.S.) 49, ref'd to. [para. 16].

Heritage Savings & Trust Company v. Unicorp International Investments Ltd. (1982), 34 A.R. 90, ref'd to. [para. 22].

Sowman v. David Samuel Trust Ltd., [1978] 1 W.L.R. 22, ref'd to. [para. 23].

Cox v. Hickman (1860), 8 H.L.C. 268, ref'd to. [para. 28].

Gosling v. Gaskell, [1897] A.C. 575, ref'd to. [para. 28].

Re Finlay and Sharp (1977), 4 Alta. L.R.(2d) 47; 4 A.R. 26, ref'd to. [para. 36].

Nova Holdings Ltd. v. Western Factors Limited et al. and Bird Construction Ltd. et al. (1965), 51 W.W.R.(N.S.) 385, ref'd to. [para. 37].

Macotta Company of Canada Limited v. Condor Metal Fabricators Ltd. (1983), 40 A.R. 408, ref'd to. [para. 42].

Statutes Noticed:

Land Titles Act, R.S.A. 1970, c. 198, sect. 1(p) [para. 8]; sect. 68(1) [para. 24]; sect. 115 [para. 25]; sect. 151(2) [para. 26].

Law of Property Act, R.S.A. 1980, c. L-8, sect. 40(1) [para. 14]; sect. 41(1) [para. 19].

Canada Business Corporations Act, S.C. 1974-75, c. 33, sect. 95 [para. 39].

Counsel:

B. Hech, for the applicants;

Parlee, Irving, for the respondents.

This judgment was delivered by FUNDUK, MASTER IN CHAMBERS of the Alberta Court of Queen's Bench, Judicial District of Edmonton on September 30, 1982.