Higgins Co. v. McNabb, (1979) 2 Sask.R. 119 (CA)

• Judge: Culliton, C.J.S., Woods and Brownridge, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: November 21, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 2 Sask.R. 119 (CA)

Higgins Co. v. McNabb (1979), 2 Sask.R. 119 (CA)

MLB headnote and full text

Higgins Co. Ltd., Trustee v. McNabb

(No. 6975)

Indexed As: Higgins Co. v. McNabb

Saskatchewan Court of Appeal

Culliton, C.J.S., Woods and Brownridge, JJ.A.

November 21, 1979.

Summary:

This headnote contains no summary.

Execution - Topic 748

Exemptions - Homestead property, Exemptions Act, s. 2(1) - On May 12, 1977, a man declared bankruptcy - On May 25, 1977, the man agreed that his trustee in bankruptcy sell his interest in his matrimonial home - The trustee claimed that the proceeds of sale of the home were not exempt under s. 2(1) of the Exemptions Act because the man "voluntarily" agreed to the sale of the home - The Saskatchewan Court of Appeal held that the proceeds of sale of the home were exempt because the man agreed to the sale on the assumption that he would receive his exemption and, accordingly, the man did not waive his right to claim his exemption - See paragraph 21.

Cases Noticed:

Re Henwood (1962-63), 40 W.W.R. 81, refd to. [para. 6].

Re Demaurez (1900-1904), 5 Terr. L.R. 84, refd to. [para. 11].

Massey-Harris Co. v. Schram (1900-1904), 5 Terr. L.R. 338, refd to. [para. 11].

Regal Distributors Limited v. Freele, [1931] 1 W.W.R. 299, refd to. [para. 14].

Re Williams, 40 W.W.R. 81, refd to. [para. 16].

Purdy v. Colton (1908), 1 S.L.R. 288, refd to. [para. 19].

Statutes Noticed:

Bankruptcy Act, R.S.C. 1970, c. B-3, sect. 47(b) [para. 7].

Exemptions Act, R.S.S. 1978, c. E-14, sect. 2(1)10, sect. 2(1)11 [para. 8].

Counsel:

C.G. Morris, for the appellant, trustee;

M.F. Mulatz, for the respondent.

This appeal was heard by CULLITON, C.J.S., WOODS and BROWNRIDGE, JJ.A., of the Saskatchewan Court of Appeal, on May 10, 1978.

The judgment of the Court of Appeal was delivered by BROWNRIDGE, J.A., on November 21, 1979.