Calyniuk Restaurants Inc. et al. v. D.C. Holdings Ltd. et al., (2010) 361 Sask.R. 265 (QB)

• Judge: Allbright, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 07, 2010
• Jurisdiction: Saskatchewan
• Citations: (2010), 361 Sask.R. 265 (QB);2010 SKQB 373

Calyniuk Restaurants v. DC Holdings (2010), 361 Sask.R. 265 (QB)

MLB headnote and full text

Temp. Cite: [2010] Sask.R. TBEd. OC.038

Calyniuk Restaurants Inc., 101047722 Saskatchewan Ltd., 101154436 Saskatchewan Ltd. and 101130013 Saskatchewan Ltd. (plaintiffs/respondents) v. D.C. Holdings Ltd., David Calyniuk and Adeline Calyniuk (defendants/applicants) and Stevenson Hood Thornton Beaubier LLP (proposed garnishee)

(2010 Q.B.G. No. 771; 2010 SKQB 373)

Indexed As: Calyniuk Restaurants Inc. et al. v. D.C. Holdings Ltd. et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Allbright, J.

October 7, 2010.

Summary:

The plaintiffs caused seven pre-judgment garnishee summons to be issued against the defendants under the Attachment of Debts Act. The defendants sought to set aside the garnishee summons, raising a number of issues respecting the affidavits filed by the plaintiffs in support of the issuance of the summons.

The Saskatchewan Court of Queen's Bench refused to set aside the pre-judgment garnishee summons, holding that the affidavits met the basic criteria of the Act.

Creditors and Debtors - Topic 4252

Garnishment by creditor - Garnishee summons - Setting aside - Grounds - [See Creditors and Debtors - Topic 4213 ].

Creditors and Debtors - Topic 4213

Garnishment by creditor - Application - Affidavit - Statutory requirements - The plaintiffs caused seven pre-judgment garnishee summons to be issued against the defendants under the Attachment of Debts Act - The defendants sought to set aside the garnishee summons, raising a number of issues respecting the affidavits filed by the plaintiffs in support of the issuance of the summons (i.e., that they did not meet the requirements of s. 3 of the Attachment of Debts Act) - The Saskatchewan Court of Queen's Bench reviewed the criteria required by s. 3 of the Act to support the issuance of a pre-judgment garnishee summons - The court noted that each of the summons had to be examined individually, rather than collectively - Each affidavit in support of each garnishee summons had to stand or fall on its own merits - The court examined each of the seven affidavits individually and held that they each met the criteria required by s. 3 - There was therefore no basis for setting aside the garnishee summons - See paragraphs 1 to 43.

Cases Noticed:

Conexus Credit Union v. SHEC Labs - Solar Hydrogen Energy Corp. (2005), 275 Sask.R. 91; 365 W.A.C. 91; 2005 SKCA 119, refd to. [para. 17].

Canadian Imperial Bank of Commerce v. Grotsky et al. (1994), 120 Sask.R. 305; 68 W.A.C. 305 (C.A.), refd to. [para. 19].

Coast Paper v. Craft Litho Ltd. and Hartshorn (1990), 83 Sask.R. 288 (C.A.), refd to. [para. 20].

Statutes Noticed:

Attachment of Debts Act, R.S.S. 1978, c. A-32, sect. 3, sect. 10 [para. 3].

Counsel:

Nicholas J. Stooshinoff, for the defendant/applicants;

E.F. Anthony Merchant, Q.C., for the plaintiffs/respondents.

This matter was heard before Allbright, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on October 7, 2010.