Macotta Co. of Canada v. Condor Metal Fabricators Ltd. and Canon Metal Industries Ltd., (1979) 40 A.R. 408 (QB)

• Judge: Cavanagh, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: July 06, 1979
• Citations: (1979), 40 A.R. 408 (QB)

Macotta Co. v. Condor Metal Fabricators (1979), 40 A.R. 408 (QB)

MLB headnote and full text

Macotta Company of Canada v. Condor Metal Fabricators Ltd. and Canon Metal Industries Ltd.

(S.C. 115882)

Indexed As: Macotta Co. of Canada v. Condor Metal Fabricators Ltd. and Canon Metal Industries Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Cavanagh, J.

July 6, 1979

Summary:

A secured creditor applied for the appointment of a receiver-manager under s. 34(9) of the Judicature Act, R.S.A. 1970, c. 193; a declaration that a certain debt was owing under a debenture; and a declaration that the debenture be enforced through the sale of the charged assets. The Alberta Court of Queen's Bench dismissed the application.

Practice - Topic 5660

Judgments - Declaratory judgments - Necessity of notice to interested persons - In a motion where a declaration was sought on the amount of a debt owing under a debenture, and a declaration that the debenture be enforced through the sale of the charged assets, the Alberta Court of Queen's Bench held that no relief could be granted unless the notice of motion was served on all persons who might be affected, including all secured and unsecured creditors - See paragraph 3.

Receivers - Topic 1726

Appointment - By court - When granted - A secured creditor applied for the appointment of a privately appointed receiver as a receiver-manager by the court under s. 34(9) of the Judicature Act, R.S.A. 1970, c. 193 - The Alberta Court of Queen's Bench dismissed the application because an appointment was not "just or convenient" under s. 34(9) where it would neither add to or change any of the powers the receiver presently had under the terms of the debenture - See paragraph 9.

Cases Noticed:

Royal Bank of Canada v. Cal Glass Ltd., 8 B.C.L.R. 345, ref'd to. [para. 10].

Statutes Noticed:

Judicature Act, R.S.A. 1970, c. 193, sect. 34(9) [para. 9].

Counsel:

G.A. Verville, for the plaintiff;

H.K. Gaffney, for the defendants.