Maritime Heating Co., Re, (1968) 1 N.B.R.(2d) 239 (CA)

• Judge: Ritchie, Limerick and Hughes, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: December 27, 1968
• Jurisdiction: New Brunswick
• Citations: (1968), 1 N.B.R.(2d) 239 (CA)

Maritime Heating Co., Re (1968), 1 N.B.R.(2d) 239 (CA);

    1 R.N.-B.(2e) 239

MLB headnote and full text

Sommaire et texte intégral

Re Maritime Heating Co.

Indexed As: Maritime Heating Co., Re

Répertorié: Maritime Heating Co., Re

New Brunswick Court of Appeal

Ritchie, Limerick and Hughes, JJ.A.

December 27, 1968.

Summary:

Résumé:

The New Brunswick Court of Appeal affirmed trial Judge's dismissal of an appeal from a decision of a trustee in bankruptcy disallowing a seller's claim to repossession of goods which were in the trustee's possession in New Brunswick. The seller/claimant was a Quebec resident at the time of the sale of the goods and at the time of the buyer's bankruptcy in New Brunswick.

The New Brunswick Court of Appeal held that on the facts the seller/claimant under Quebec law had a right to dissolve the sales contract and a right to resume possession of the goods but because of the seller's failure to file the contract as required by sections 5 and 6 of the New Brunswick Conditional Sales Act, the seller was not entitled to enforce its rights to possession of the goods in the Province of New Brunswick.

Conditional Sales - Topic 201

General - Conflict of laws - General - Bankruptcy - Claim by Quebec seller of goods for resumption of possession of goods located in New Brunswick following bankruptcy of buyer - Whether sections 5 and 6 of New Brunswick Conditional Sales Act apply to sales made outside of New Brunswick (New Brunswick Court of Appeal).

Statutes - Topic 2603

Interpretation - Interpretation of words and phrases - Interpretation by context (incl. "modern rule") - Intention from whole of section of statute - Whether alternative construction is consistent with system of the statute - Whether construction will render the statute meaningless (New Brunswick Court of Appeal).

Cases Noticed:

Benaim v. De Bono, [1924] A.C. 514 (P.C.), folld.

Dominion Bridge Co. v. British-American Nickel Corp. (1924), 56 O.L.R. 288, folld.

Re Hudson Fashion Shoppe Ltd. (1925), 7 C.B.R. 68, folld.

National Cash Register Co. v. Lovett (1906), 39 N.S.R. 540, folld.

Gasline v. Dunbar (1894), 32 N.B.R. 325, folld.

Industrial Acceptance Corp. v. LaFlamme, [1950] 2 D.L.R. 822, folld.

McAloney v. McInnes, [1956] 2 D.L.R.(2d) 666 (N.S.S.C.), folld.

Re Satisfaction Stores, [1929] 2 D.L.R. 435 (N.S.C.A.), folld.

R. v. Williamson (1908), 7 W.L.R. 501, folld.

La Banque D'Hochelaga v. The Waterous Engine Works Co., 27 S.C.R. 406, folld.

Commercial Finance Corp. v. Stratford (1920), 47 O.L.R. 392, folld.

Liquid Carbonic Co. v. Rountree, 54 O.L.R. 75 (C.A.), folld.

Shannon Realties Ltd. v. St. Michel, [1924] A.C. 185, folld.

Re Alberta Statutes, [1938] S.C.R. 100, folld.

Statutes Noticed:

Conditional Sales Act, R.S.N.B., 1952, c. 34, sect. 1, sect. 2, sect. 5,  sect. 6.

Counsel:

B.R. Guss, Q.C., for appellant/creditor;

L.M. Machum, for respondent/trustee.

The judgment of the Court was delivered by Hughes, J.A.