Langille and Langille v. Toronto-Dominion Bank, (1982) 40 N.R. 67 (SCC)
| Judge | Martland, Ritchie, Dickson, McIntyre and Lamer, JJ. |
| Court | Supreme Court (Canada) |
| Case Date | January 26, 1982 |
| Jurisdiction | Canada (Federal) |
| Citations | (1982), 40 N.R. 67 (SCC);40 CBR (ns) 113;[1982] 1 SCR 34;40 NR 67;50 NSR (2d) 217;1982 CanLII 154 (SCC);131 DLR (3d) 571 |
Langille and Langille v. TD Bk. (1982), 40 N.R. 67 (SCC)
MLB headnote and full text
Langille and Langille v. Toronto-Dominion Bank
Indexed As: Langille and Langille v. Toronto-Dominion Bank
Supreme Court of Canada
Martland, Ritchie, Dickson, McIntyre and Lamer, JJ.
January 26, 1982.
Summary:
This case arose out of an application by a partnership for a declaration that the partnership was exempt from involuntary bankruptcy under s. 30 of the Bankruptcy Act. The Nova Scotia Supreme Court, Trial Division, dismissed the application. The partnership appealed to the Nova Scotia Court of Appeal.
The Nova scotia Court of Appeal dismissed the appeal - see 43 N.S.R.(2d) 608; 81 A.P.R. 608. The partnership appealed to the Supreme Court of Canada.
The Supreme Court of Canada dismissed the appeal.
Bankruptcy - Topic 2026
Receiving order - Exempt persons, individuals engaged in fishing or farming - Bankruptcy Act, s. 30 - The Supreme Court of Canada held that a partnership was not an "individual" and was not exempt from having a receiving order made against it.
Statutes - Topic 1624
Interpretation - Extrinsic aids - Other statutes, prior statutes respecting the same subject matter - The Supreme Court of Canada referred to earlier versions of a section of the Bankruptcy Act in interpreting the current section respecting the same subject matter (see paragraphs 9 to 15).
Statutes - Topic 2406
Interpretation of words - Variation from prior similar statute - The Supreme Court of Canada stated that where in a revised version of a statute a word is altered from the prior version, it is presumed that the alteration was made deliberately (see paragraphs 13 to 15).
Partnership - Topic 5
Nature of partnership - The Supreme Court of Canada stated that a partnership is not merely two or more persons engaged in a business activity (see paragraph 18).
Words and Phrases
Individuals - The Supreme Court of Canada discussed the meaning of the word "individuals" as found in s. 30 of the Bankruptcy Act.
Cases Noticed:
Witchekan Lake Farms Ltd., Re., 50 D.L.R.(3d) 314, refd to. [para. 13].
D.R. Fraser & Co. Ltd. v. M.N.R., [1949] A.C. 24, refd to. [para. 13].
Statutes Noticed:
Bankruptcy Act, R.S.C. 1970, c. B-3, sect. 30 [para. 1].
Counsel:
Stewart McInnes, Q.C., for the appellants;
W.L. MacInnes and B.L. MacLellan, for the respondent.
This appeal was heard by MARTLAND, RITCHIE, DICKSON, McINTYRE and LAMER, JJ., of the Supreme Court of Canada at Ottawa, Ontario on June 22, 1981.
The judgment of the Supreme Court of Canada was delivered by MARTLAND, J., on January 26, 1982.
To continue reading
Request your trial
-
Table of cases
...Minerals Ltd (2006), 53 BCLR (4th) 380, 21 CBR (5th) 118, 2006 BCSC 504 ..................... 549, 550 Langille v Toronto-Dominion Bank, [1982] 1 SCR 34, 40 CBR (NS) 113, [1982] SCJ No 110 ...................................................... 52, 55 Laronge Realty Ltd v Golconda Invt Ltd (......
-
Sentencing Under the Youth Criminal Justice Act
...are still not often ordered under the YCJA . Provisions in the YCJA encourage the youth to co-operate with the author of a section 34 or 40 report. Statements made by the youth during preparation of such a report are generally to be used only for the purpose of a sentence or sentence review......
-
Sequoia Springs West Development Corp. v. British Columbia (Minister of Transportation and Highways), (2003) 176 B.C.A.C. 124 (CA)
...... "[99] MoTH takes the position that none of the costs and losses incurred prior to the taking can be compensated under either section 34 or 40. It submits that the proper interpretation of these sections is that costs that have arisen before the acquisition cannot be directly attributabl......
-
Penney et al. v. Bell Canada, 2010 ONSC 2801
...whether a Canadian carrier has complied with section 25, this section or section 29, or with any decision made under section 24, 25, 29, 34 or 40. Burden of proof (4) The burden of establishing before the Commission that any discrimination is not unjust or that any preference or disadvantag......
-
R. v. Loewen,
...and Co. v. Minister of National Revenue, [1949] A.C. 24 (P.C.), refd to. [para. 8]. Langille and Langille v. Toronto-Dominion Bank, [1982] 1 S.C.R. 34; 40 N.R. 67; 50 N.S.R.(2d) 217; 98 A.P.R. 217; 40 C.B.R.(N.S.) 113, refd to. [para. R. v. Potvin, [1989] 1 S.C.R. 525; 93 N.R. 42; 21 Q.A.C.......
-
Sequoia Springs West Development Corp. v. British Columbia (Minister of Transportation and Highways), (2003) 176 B.C.A.C. 124 (CA)
...... "[99] MoTH takes the position that none of the costs and losses incurred prior to the taking can be compensated under either section 34 or 40. It submits that the proper interpretation of these sections is that costs that have arisen before the acquisition cannot be directly attributabl......
-
Penney et al. v. Bell Canada, 2010 ONSC 2801
...whether a Canadian carrier has complied with section 25, this section or section 29, or with any decision made under section 24, 25, 29, 34 or 40. Burden of proof (4) The burden of establishing before the Commission that any discrimination is not unjust or that any preference or disadvantag......
-
R. v. Blackmore, 2018 BCSC 1225
...much needed information would probably act or be influenced by the knowledge that what they say to persons conducting examinations under ss. 34 or 40 could be published or broadcast. Those are matters that the court can and must consider based on the experience and judgment of the trial [62......
-
Table of cases
...Minerals Ltd (2006), 53 BCLR (4th) 380, 21 CBR (5th) 118, 2006 BCSC 504 ..................... 549, 550 Langille v Toronto-Dominion Bank, [1982] 1 SCR 34, 40 CBR (NS) 113, [1982] SCJ No 110 ...................................................... 52, 55 Laronge Realty Ltd v Golconda Invt Ltd (......
-
Sentencing Under the Youth Criminal Justice Act
...are still not often ordered under the YCJA . Provisions in the YCJA encourage the youth to co-operate with the author of a section 34 or 40 report. Statements made by the youth during preparation of such a report are generally to be used only for the purpose of a sentence or sentence review......
-
Commencement of Bankruptcy
...well as the partnership assets. See Taylor v Leveys (1922), 2 CBR 390 (Ont SC). 14 BIA , s 43(15). 15 Langille v Toronto-Dominion Bank , [1982] 1 SCR 34 [ Langille ]. 16 Re Gottingen Street Food Market (2002), 31 CBR (4th) 250 (NSSC). 17 BIA , s 85(1). Commencement of Bankruptcy 53 order th......