Canada (Attorney General) v. Bulletin Publications Ltd. and Dauphin Herald Co. (1976) Ltd., (1979) 3 Man.R.(2d) 14 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: November 22, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 3 Man.R.(2d) 14 (CoCt)

Can. (A.G.) v. Bulletin Publications (1979), 3 Man.R.(2d) 14 (CoCt)

MLB headnote and full text

Attorney General of Canada v. Bulletin Publications Limited and The Dauphin Herald Company (1976) Ltd.

Indexed As: Canada (Attorney General) v. Bulletin Publications Ltd. and Dauphin Herald Co. (1976) Ltd.

Manitoba County Court

Darichuk, C.C.J.

November 22, 1979.

Summary:

This headnote contains no summary.

Creditors and Debtors - Topic 5866

Bulk Sales Act - Compliance with Bulk Sales Act - Statement of vendor listing names of creditors of vendor - A newspaper publishing company sold its assets to another company - Pursuant to section 5 of the Bulk Sales Act, R.S.M. 1970, c. B-100, the seller gave the purchaser a written statement verified by statutory declaration that the seller had no creditors - The statement was false, because the seller was indebted to the Minister of National Revenue for unremitted income tax, unemployment insurance and Canada Pension deductions - The Minister brought an action against the seller and the buyer to set aside the sale for non-compliance with the Bulk Sales Act - The Manitoba County Court dismissed the action and held that the buyer complied with the requirements of the Bulk Sales Act in obtaining and accepting the seller's statement in good faith, notwithstanding that the statement was false.

Cases Noticed:

Thomson v. Richardson (1967), 58 W.W.R.(N.S.) 743, appld. [para. 11].

Garson v. Canadian Credit Men's Trust Assn., [1929] S.C.R. 282, appld. [para. 12].

Warner v. Graham, [1946] 2 D.L.R. 277, appld. [para. 20].

Paddon v. McFarland, [1930] 3 W.W.R. 632, appld. [para. 21].

Bank of Nova Scotia v. Landry (1974), 10 N.B.R.(2d) 186; 4 A.P.R. 186, appld. [para. 22].

Carl Ahlers, Inc. v. Dingott et al. (1940), 173 Misc. 873, refd to. [para. 25].

Wilner Butter & Egg Corporation v. Roth et al. (1940), 192 Misc. 970, refd to. [para. 25].

Marcus v. Knitzer, 4 N.Y.S. 2d 308, refd to. [para. 25].

Adrian Tabin Corporation v. Climas Boutique (1974), 34 N.Y. 2d 210, refd to. [para. 25].

Statutes Noticed:

Bulk Sales Act, R.S.M. 1970, c. B-100, sect. 5, sect. 6(a), sect. 10 [para. 10].

Counsel:

B.J. Meronek, for the plaintiff;

J.J. Oliphant, for the defendant, The Dauphin Herald Company (1976) Ltd.

This case was heard before DARICHUK, C.C.J., of the Manitoba County Court, who delivered the following judgment on November 22, 1979: