Federal Business Development Bank v. Perron et al., (1980) 4 Man.R.(2d) 439 (CA)

• Judge: Monnin, Matas and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: May 13, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 4 Man.R.(2d) 439 (CA)

FBDB v. Perron (1980), 4 Man.R.(2d) 439 (CA)

MLB headnote and full text

Federal Business Development Bank v. Perron, McLeod, Shead, Government of Manitoba, Szymanski and Manitoba Development Corporation

Indexed As: Federal Business Development Bank v. Perron et al.

Manitoba Court of Appeal

Monnin, Matas and Huband, JJ.A.

May 13, 1980.

Summary:

This headnote contains no summary.

Master and Servant - Topic 1822

Remuneration - Wages - Statutory lien for payment of wages - Priorities - S. 7(1) of the Payment of Wages Act, S.M. 1975, c. 21, provided that employees' wages constituted "a lien and charge on the property and assets of the employer" in priority to all other claims - The Manitoba Court of Queen's Bench in a judgment reported 4 Man.R.(2d) 309 held that employees' wages had priority as a charge on the property of the employer, even if the property was mortgaged - The Manitoba Court of Appeal allowed the mortgagee's appeal and held the employees' wages did not take priority over a prior mortgage of the employer's property.

Cases Noticed:

Board of Industrial Relations v. Avco Financial Services Realty Limited et al., [1979] 2 S.C.R. 699; 28 N.R. 140, appld. [para. 10].

Dauphin Plains Credit Union Limited v. Xyloid Industries Ltd. et al. (1980), 31 N.R. 301, appld. [para. 14].

Statutes Noticed:

Payment of Wages Act, S.M. 1975, c. 21, C.C.S.M., c. P-15, sect. 3(4) [paras. 7, 8]; sect. 7 [paras. 6, 8].

Real Property Act, R.S.M. 1970, c. R-30, sect. 95, sect. 107 [para. 21].

Authors and Works Noticed:

Falconbridge on Mortgages (4th Ed.), pp. 11, 39-42 [para. 22].

Thom's Canadian Torrens System (2nd Ed.), p. 463 [para. 22].

Counsel:

R.A. Dewar, for the applicant/appellant;

G.J. Orle, for the respondent/respondent (Szymanski);

I.R.A. MacMillan, for the respondent/respondent (Manitoba Development Corporation).

This case was heard on March 19, 1980, at Winnipeg, Manitoba, before MONNIN, MATAS and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On May 13, 1980, MATAS, J.A., delivered the following judgment for the Court of Appeal: