Hemmerling v. IMTC Systems Inc., (1993) 39 B.C.A.C. 1 (CA)

• Judge: Seaton, Cumming and Gibbs, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: November 29, 1993
• Jurisdiction: British Columbia
• Citations: (1993), 39 B.C.A.C. 1 (CA)

Hemmerling v. IMTC Systems Inc. (1993), 39 B.C.A.C. 1 (CA);

    64 W.A.C. 1

MLB headnote and full text

Dieter Hemmerling (applicant/respondent) v. IMTC Systems Inc. (respondent/appellant)

(CA016657)

Indexed As: Hemmerling v. IMTC Systems Inc.

British Columbia Court of Appeal

Seaton, Cumming and Gibbs, JJ.A.

November 29, 1993.

Summary:

The applicant challenged the validity of the debenture holders' register kept by the respondent company. He petitioned for an order that the company provide a proper register. The Chambers judge granted the petition. The company appealed.

The British Columbia Court of Appeal allowed the appeal and dismissed the petition.

Company Law - Topic 5440

Borrowing - Debentures - Debenture holders' register - Section 87(1)(a) of the Company Act required that every debenture holders' register contain "the name of every person who becomes a registered holder of its debentures together with ... the full name and address of every debenture holder" - The British Columbia Court of Appeal held that the debenture holders' register maintained by the respondent at its office complied with s. 87(1)(a), although it showed forwarding addresses (P.O. Boxes).

Statutes Noticed:

Company Act, R.S.B.C. 1979, c. 59, sect. 87(1) [paras. 8, 10, 14]; sect. 87(1)(a) [paras. 2, 4]; sect. 140 [para. 16].

Counsel:

A. Sweeney, for the appellant;

R. Weddigen, for the respondent.

This appeal was heard in Vancouver, British Columbia, before Seaton, Cumming and Gibbs, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered orally on November 29, 1993, and the following opinions were filed:

Gibbs, J.A. - see paragraphs 1 to 17;

Seaton, J.A. - see paragraphs 18, 20;

Cumming, J.A. - see paragraph 19.