Financial Collection Agencies Ltd. v. Elgarably and Marsy, (1996) 182 A.R. 363 (QBM)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 29, 1996
• Citations: (1996), 182 A.R. 363 (QBM)

Financial Collection v. Elgarably (1996), 182 A.R. 363 (QBM)

MLB headnote and full text

Financial Collection Agencies Ltd. (plaintiff) v. Gamal Elgarably and Sonia Marsy (defendants)

(Action No. 9301-19707)

Indexed As: Financial Collection Agencies Ltd. v. Elgarably and Marsy

Alberta Court of Queen's Bench

Judicial District of Calgary

Waller, Master in Chambers

March 29, 1996.

Summary:

The plaintiff obtained judgment against the defendants for $5,000. The plaintiff instructed the sheriff to seize all items owned by the defendants at their pawnshop. The sheriff's bailiff seized various items from the pawnshop and various vehicles from a compound. The sheriff sought to be reimbursed.

A Master of the Alberta Court of Queen's Bench refused to reimburse the sheriff.

Sheriffs - Topic 2645

Fees - Seizures - Storage costs - A sher­iff's bailiff was instructed to execute a $5,000 judgment against the judgment debtors - The bailiff was to seize all items owned by the judgment debtors in their pawnshop and any cash found on the premises - The bailiff seized a number of pawned vehicles and placed them in stor­age because the items seized from the shop did not cover the debt - The bailiff did not contact the plaintiff's solicitors - The costs of towing and storage exceeded $5,000 - The sheriff sought to be reimbursed - A Master of the Alberta Court of Queen's Bench refused to reimburse the sheriff where the bailiff's actions had exceeded the proper exercise of his authority.

Cases Noticed:

Canadian Imperial Bank of Commerce v. Delta Masonry & Concrete Ltd. and Pfaff (1985), 65 A.R. 377; 41 Alta. L.R.(2d) 48 (Q.B. Master), refd to. [para. 11].

Statutes Noticed:

Seizures Act, R.S.C. 1980, c. S-11, sect. 31(1) [para. 6].

Authors and Works Noticed:

Alberta, Law Reform Commission, En­forcement of Money Judgments, gen­erally [para. 8].

Counsel:

Mark W. Gruman (Gruman & Crossfield), for the plaintiff;

J. Esbaugh (Civil Law Division, Depart­ment of Justice), for the respondent.

This matter was heard by Waller, Master in Chambers, of the Alberta Court of Queen's Bench, who delivered the following judgment on March 29, 1996.