Circa 1880 Imports Ltd. v. Antique Photo Parlour Ltd., (1983) 55 A.R. 19 (QB)

• Judge: Miller, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: August 24, 1983
• Citations: (1983), 55 A.R. 19 (QB)

Circa 1880 Imports v. Antique Photo (1983), 55 A.R. 19 (QB)

MLB headnote and full text

Circa 1880 Imports Ltd. v. Antique Photo Parlour Ltd.

(No. 8203-17444)

Indexed As: Circa 1880 Imports Ltd. v. Antique Photo Parlour Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Miller, J.

August 24, 1983.

Summary:

A creditor obtained judgment against a mall tenant. The sheriff seized the tenant's goods and chattels, but left them on the leased premises. The landlord, without knowledge of the prior seizure, distrained the tenant's goods and chattels for non-payment of rent. The sheriff auctioned off the goods and the creditor applied for an order stating that its claim to the money had priority to the landlord's claim.

The Alberta Court of Queen's Bench held that the Statute of Anne, 1709 (8 Anne, c. 18), which still applied in Alberta, gave the landlord priority for up to one year's rent in arrears.

Landlord and Tenant - Topic 8823

Distress - Priorities - Re execution creditors - A creditor obtained judgment against a mall tenant - The sheriff seized the tenant's goods and chattels, but left them on the leased premises - The landlord, without knowledge of the prior seizure, distrained the tenant's goods for nonpayment of rent - The sheriff auctioned off the goods - The creditor applied for an order stating that its claim to the money had priority to the landlord's claim - The Alberta Court of Queen's Bench held that the Statute of Anne, 1709 (8 Anne, c. 18), which still applied in Alberta, gave the landlord priority for up to one year's rent in arrears.

Cases Noticed:

Honens v. International Harvester Company, [1921] 1 W.W.R. 820 (Alta. S.C. T.D.), refd to. [para. 5].

Ogilvie Flour Mills Company, Limited v. Becker and Wood and Snihur, [1931] 1 W.W.R. 273 (Alta. S.C.A.D.), refd to. [para. 5].

Edmonton (City) v. Dawes (1960), 32 W.W.R.(N.S.) 423 (Alta. D.C.), refd to. [para. 5].

Melton Real Estate Ltd. v. National Acts Services Corporation Ltd. and Cross Arctic Transport Ltd., [1977] 3 W.W.R. 248; 6 A.R. 577, not folld. [para. 6].

McCloy v. Cox, [1921] 2 W.W.R. 790 (Man.), dist. [para. 8].

Jorgenson v. Engelstad, [1924] 1 W.W.R. 1233; [1924] 2 D.L.R. 635; 18 Sask. L.R. 269, dist. [para. 8].

Statutes Noticed:

Statute of Anne, 1709 (Imp.), 8 Anne, c. 18 [para. 4].

Counsel:

K. Alyluia, for Circa 1880 Imports Ltd.;

D.B. Foster, for Westgreen Developments (North) Ltd.

This application was heard before Miller, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on August 24, 1983.