Eggleton and Eggleton v. Broadway Agencies Ltd., (1981) 32 A.R. 61 (QBM)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: July 29, 1981
• Citations: (1981), 32 A.R. 61 (QBM)

Eggleton v. Broadway Agencies (1981), 32 A.R. 61 (QBM)

MLB headnote and full text

Eggleton and Eggleton v. Broadway Agencies Ltd.

(No. 8103 15527)

Indexed As: Eggleton and Eggleton v. Broadway Agencies Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Funduk, Master in Chambers

July 29, 1981.

Summary:

The respondent obtained a judgment in personam against the applicants in British Columbia. The applicants applied to set aside the registration of the judgment in Alberta.

A Master of the Alberta Court of Queen's Bench allowed the application. The court found that the British Columbia Court had no jurisdiction over the person of the applicants and its judgment was a nullity in Alberta.

Practice - Topic 44

Actions - Commencement of - Style of cause - Parties - Rules of Court (Alta.), Rule 87 - A Master of the Alberta Court of Queen's Bench stated that, where proceedings are commenced by a statement of claim, the parties are to be designated as plaintiff and defendant - See paragraph 5.

Practice - Topic 44

Actions - Commencement of - Style of cause - Parties - A Master of the Alberta Court of Queen's Bench stated that the designation of the parties in the style of cause on the commencing document must be carried forward on all subsequent pleadings and documents - See paragraph 4.

Practice - Topic 5933

Judgments and orders - Enforcement of foreign judgments - Registration - Requirements for - Reciprocal Enforcement of Judgments Act, R.S.A. 1970, c. 312, s. 3(6)(g) - A Master of the Alberta Court of Queen's Bench held that because of s. 3(6)(g) in the Act, a foreign judgment cannot be registered in Alberta unless the judgment creditor can bring himself within at least one of the five cases listed in Emanuel v. Symon, [1908] 1 K.B. 302 - See paragraph 27.

Practice - Topic 5934

Judgment and orders - Enforcement of foreign judgments - Registration or enforcement - Defences - A Master of the Alberta Court of Queen's Bench held that a foreign judgment in personam was not enforceable in Alberta, where the foreign court did not have jurisdiction over the person of the judgment debtor - See paragraph 28.

Cases Noticed:

Guildhall Insurance Company v. Jackson (1968), 64 W.W.R.(N.S.) 373, consd. [para. 14].

Matta and Saba v. Public Trustee (1951), 3 W.W.R.(N.S.) 287; (1952), 5 W.W.R.(N.S.) 29, consd. [paras. 20, 21].

Sirdar Gurdyal Singh v. Faridkote, [1894] A.C. 670, refd to. [para. 21].

Bank of Ottawa v. Esdale, [1920] 1 W.W.R. 913, consd. [para. 22].

Canadian Credit Men's Trust Association Limited v. Ryan, [1929] 3 W.W.R. 403, consd. [para. 23].

Re Reciprocal Enforcement of Judgments Ordinance, Traders Group Limited v. Hopkins (1968), 64 W.W.R.(N.S.) 698, consd. [para. 24].

Wedlay v. Quist (1953-54), 10 W.W.R.(N.S.) 21, consd. [para. 25].

Alcor Pacific Lumber Sales Ltd. v. Janet Lumber Trading Co. Ltd., 5 Alta. L.R.(2d) 8, consd. [para. 26].

Wiegand et al. v. Calgary Joint Ventures Limited, [1979] 2 W.W.R. 671, consd. [para. 27].

Emanuel v. Symon, [1908] 1 K.B. 302, folld. [para. 27].

Statutes Noticed:

Reciprocal Enforcement of Judgments Act, R.S.A. 1970, c. 312 [para. 1]; sect. 3(2)(a) [paras. 8, 30]; sect. 7, sect. 7(1)(b) [para. 9]; sect. 3(6)(g) [paras. 13, 15, 27]; sect. 3(6)(b) [para. 27]; sect. 3(2)(b) [para. 30].

Rules of Court (Alta.), rule 87 [paras. 4, 5].

Counsel:

K.T. Mott, for the judgment debtors;

C.E. Dalsin, for the judgment creditor.

This case was heard before FUNDUK, MASTER IN CHAMBERS, of the Alberta Court of Queen's Bench, Judicial District of Edmonton who delivered the following judgment on July 29, 1981.