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.
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