Bassett Furniture Industries Inc. v. Sargent Color Television and Furniture Ltd., (1981) 12 Man.R.(2d) 409 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: October 08, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 12 Man.R.(2d) 409 (CoCt)

Bassett Furniture v. Sargent (1981), 12 Man.R.(2d) 409 (CoCt)

MLB headnote and full text

Bassett Furniture Industries Inc. v. Sargent Color Television and Furniture Ltd.

Indexed As: Bassett Furniture Industries Inc. v. Sargent Color Television and Furniture Ltd.

Manitoba County Court

Barkman, C.C.J.

October 8, 1981.

Summary:

The defendant applied, inter alia, for an order to strike out the plaintiff's statement of claim, on the ground that the plaintiff was an extraprovincial corporation not registered in the province, pursuant to s. 197 of the Corporations Act, S.M. 1976, c. 40.

The Manitoba County Court allowed the plaintiff corporation to continue its action, subject to registration within 30 days.

See also Bassett Furniture v. Sargent Color Television (1981), 12 Man.R.(2d) 185.

Company Law - Topic 7886

Extra-provincial corporations - Registration - Status of unregistered corporation to maintain action - An extra-provincial company commenced an action in Manitoba without being registered, contrary to the Corporations Act, S.M. 1976, c. 40 - The Manitoba County Court allowed the company to maintain its action, provided it registered within 30 days, in default of which its statement of claim would be struck out - S. 197(3) of the Corporations Act - See paragraphs 8 to 14.

Practice - Topic 3682

Evidence - Affidavits - Use of - Interlocutory applications - An affidavit filed in support of an application did not contain the evidence necessary to support the application - The Manitoba County Court stated that the court could look to the court record to find the proof required on an interlocutory motion - See paragraphs 8 to 9.

Cases Noticed:

Associated Fidelity Investigators Ltd. v. Kodiak Parking Services (1980), 12 Man.R.(2d) 404, folld..

Statutes Noticed:

Corporations Act, S.M. 1976, c. 40; C.C.S.M., c. C-225, sect. 1(1)(q) [para. 7]; sect. 197 [paras. 3, 9, 11 to 12].

Counsel:

A. Douglas Hofer, for the plaintiff;

Charles G. Birks, for the defendant.

This application was heard before BARKMAN, C.C.J., of the Manitoba County Court. The decision of BARKMAN, C.C.J., was delivered on October 8, 1981.