Burdyny v. Dacar Enterprises Ltd. (Bankrupt), (1988) 53 Man.R.(2d) 169 (QB)

• Judge: Jewers, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: May 13, 1988
• Jurisdiction: Manitoba
• Citations: (1988), 53 Man.R.(2d) 169 (QB)

Burdyny v. Dacar Ent. Ltd. (1988), 53 Man.R.(2d) 169 (QB)

MLB headnote and full text

In The Matter Of: The Bankruptcy of Dacar Enterprises Ltd.

Between:

Kenneth Burdyny, Bailiff and Process Server (applicant) v. Touche Ross Limited, Trustee in Bankruptcy of the Estate of Dacar Enterprises Ltd. (respondent)

(Suit No. 408/87)

In The Matter Of: The Bankruptcy of A.J. & T. Holdings Inc.

Between:

Kenneth Burdyny, Bailiff and Process Server (applicant) v. Touche Ross Limited, Trustee in Bankruptcy of the Estate of A.J. & T. Holdings Inc. (respondent)

(Suit No. 608/87)

Indexed As: Burdyny v. Dacar Enterprises Ltd. (Bankrupt)

Manitoba Court of Queen's Bench

Jewers, J.

May 13, 1988.

Summary:

A bailiff seized goods of a bankrupt. The bailiff applied for a declaration that the costs of distress levied by him were a first charge on certain secured property of the bankrupt.

The Manitoba Court of Queen's Bench dismissed the application. The court held that the charge for the costs of distress under s. 51(4) of the Bankruptcy Act applied only to a bankrupt's equity of redemption in secured property.

Bankruptcy - Topic 494

Property of bankrupt - Exemptions or exclusions - Costs of distress - Section 51(4) of the Bankruptcy Act provided that the costs of distress were a first charge on property of the bankrupt which was under seizure for rent or taxes - The Manitoba Court of Queen's Bench held that the charge in s. 51(4) did not apply to secured property but only to the equity of redemption of the bankrupt in such property (see paragraph 17).

Words and Phrases

Property - The Manitoba Court of Queen's Bench discussed the meaning of the word "property" for purposes of s. 51(4) of the Bankruptcy Act, R.S.C. 1970, c. B-3.

Cases Noticed:

Re Lumberking, Etc., 20 C.B.R.(N.S.) 81, refd to. [para. 11].

Board of Industrial Relations v. Avco Financial Services Realty Ltd. and Homeplan Realty Limited, [1979] 2 S.C.R. 699; 28 N.R. 140, refd to. [para. 13].

Federal Business Development Bank v. Perron et al., [1980] 4 W.W.R. 607; 4 Man.R.(2d) 439, refd to. [para. 16].

Statutes Noticed:

Bankruptcy Act, R.S.C. 1970, c. B-3, sect. 51(4) [para. 8].

Counsel:

E. Tawkin, for the applicant;

D.R.M. Jackson, for the respondent.

This case was heard by Jewers, J., of the Manitoba Court of Queen's Bench. The decision of Jewers, J., was delivered on May 13, 1988: