Fashion Fabric Centres Ltd. (Bankrupt), Re, (1995) 175 A.R. 1 (QB)

• Court: Court of Queen''s Bench of Alberta (Canada)
• Case Date: Friday October 06, 1995
• Citations: (1995), 175 A.R. 1 (QB)

Fashion Fabric Centres Ltd., Re (1995), 175 A.R. 1 (QB)

MLB headnote and full text

In The Matter of the Bankruptcy of Fashion Fabric Centres Ltd.

(Bky. No. 45618)

Indexed As: Fashion Fabric Centres Ltd. (Bankrupt), Re

Alberta Court of Queen's Bench

Judicial District of Edmonton

Alberstat, Registrar in Bankruptcy

October 6, 1995.

Summary:

The Attorney General of Canada filed a notice of motion appealing a bankruptcy trustee's disallowance of a claim against a bankrupt by Revenue Canada. The trustee applied to have the appeal dismissed because the appeal was not perfected.

A Registrar of the Alberta Court of Queen's Bench, in Bankruptcy, agreed that the appeal was not perfected and dismissed the appeal.

Bankruptcy - Topic 6889

Practice - Appeals - Time for - On Feb­ruary 21, 1995, a bankruptcy trustee disal­lowed a claim filed by Revenue Canada - The Attorney General filed a notice of motion on March 21, 1995, under s. 135(4) of the Bankruptcy and Insolvency Act, appealing the disallowance - The Attorney General mailed the notice of motion on April 6, 1995 and the trustee received it on April 10, 1995 - The trustee argued that the 30 day period for appealing a disallowance as set out in s. 135(4) included both filing and serving of the notice of motion and since the notice was not received until April 10, 1995, the appeal was not perfected in time - A Registrar of the Alberta Court of Queen's Bench, in Bankruptcy, held that although the notice was filed in time it was not served within the 30 day period and there­fore not perfected.

Statutes Noticed:

Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, sect. 97 [para. 3]; sect. 135(2) [para. 4]; sect. 135(4) [para. 5].

Bankruptcy and Insolvency Act Regula­tions (Can.), Bankruptcy Rules, rule 4 [para. 12]; rule 5(1) [para. 6]; rule 14 [para. 7].

Rules of Court (Alta.), rule 546 [para. 16].

Authors and Works Noticed:

Shorter Oxford English Dictionary (3rd Ed.) [paras. 15, 21].

Counsel:

Undisclosed.

This matter was heard before Alberstat, Registrar in Bankruptcy, of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on October 6, 1995.