Delton Cabinet v. Yorkville Homes Ltd., (1985) 65 A.R. 384 (QBM)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 15, 1985
• Citations: (1985), 65 A.R. 384 (QBM)

Delton Cabinet v. Yorkville Homes Ltd. (1985), 65 A.R. 384 (QBM)

MLB headnote and full text

In The Matter of the Seizure Act, being Chapter S-11 of the Revised Statutes of Alberta, 1980 and Amendments, thereto;

And In The Matter of the execution of a certain Warrant of Distress pursuant to the Conditional Sale Contract between Delton Cabinet Mfg. Ltd. (applicant) and Yorkville Homes Ltd. (respondent)

(No. 8503 08065)

Indexed As: Delton Cabinet v. Yorkville Homes Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

W. Breitkreuz, Master in Chambers

October 15, 1985.

Summary:

Delton sold kitchen cabinets to Yorkville Homes pursuant to a conditional sales contract which was registered under the provisions of the Conditional Sales Act. Delton applied for removal and sale of the kitchen cabinets. The Alberta Court of Queen's Bench dismissed the application.

Conditional Sales - Topic 1005

Rights of third parties - Loss of title to subsequent purchasers - Factors Act, s. 2(1) - Delton sold kitchen cabinets to a house builder who sold a home (which included the cabinets in question) to the Woods - Delton claimed title to the cabinets under a registered conditional sales contract - A Master of the Alberta Court of Queen's Bench dismissed Delton's claim - The court held that title to the cabinets passed to the Woods by virtue of s. 2(1) of the Factors Act.

Cases Noticed:

Allis-Chalmers Credit Corporation of Canada Ltd. v. Leon's Mfg. Co. Ltd. et al., [1983] 4 W.W.R. 230; 45 A.R. 175, refd to. [para. 8].

Terra Power Tractor Co. Ltd. v. Chapman (1977), 5 A.R. 286; 2 Alta. L.R.(2d) 247, refd to. [para. 10].

Hager v. United Sheet Metal Ltd., [1954] S.C.R. 384, refd to. [para. 12].

Statutes Noticed:

Factors Act, R.S.A. 1980, c. F-1, sect. 2(1) [para. 7].

Counsel:

M. Lawrence Leung, for the applicant;

Donna Read, for Brian Arthur Wood and Margaret Rose Wood.

This application was heard by W. Breitkreuz, Master in Chambers of the Alberta Court of Queen's Bench. The decision of W. Breitkreuz, Master, was delivered at Edmonton, Alberta, on October 15, 1985.