Alberta Opportunity Co. v. Planidin et al., (1977) 4 A.R. 528 (TD)

• Judge: Greschuk, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 18, 1977
• Citations: (1977), 4 A.R. 528 (TD)

Opportunity Co. v. Planidin (1977), 4 A.R. 528 (TD)

MLB headnote and full text

Alberta Opportunity Co. v. Planidin, Victor (Canada) Ltd., Royal Bank of Canada, Hutchinson Electrical Enterprises Ltd., Kazakoff, Taylor, Saunders, Paglaro, Avery, Avery and White

Indexed As: Alberta Opportunity Co. v. Planidin et al.

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Greschuk, J.

February 18, 1977.

Summary:

This headnote contains no summary.

Bankruptcy - Topic 3649

Creditors - Priorities - Claim for wages versus a claim by a floating charge creditor - Alberta Labour Act, s. 48 - A company was insolvent which had unpaid wage claims and unpaid loans secured by a floating charge on after acquired property - The Alberta Supreme Court, Trial Division, interpreted the Alberta Companies Act and the Alberta Labour Act and held that a claim for wages took priority over the claims of creditors secured by a floating charge - See paragraphs 14 to 20.

Bankruptcy - Topic 3650

Creditors - Priorities - Claim for wages versus a claim by a secured creditor - A company was insolvent which had unpaid wage claims and unpaid loans secured by a chattel mortgage and a specific charge on realty - The Alberta Supreme Court, Trial Division, interpreted the Alberta Labour Act, s. 48 and held that the claims of secured creditors took priority over wage claims - See paragraphs 22 to 30.

Cases Noticed:

Attorney General of Alberta v. Board of Industrial Relations et al., [1976] 1 W.W.R. 757, folld. [para. 15].

Campeau Corporation v. Provincial Bank of Canada et al., 20 O.R.(2d) 99, folld. [para. 15].

Ontario Development Corporation v. Trustee of the Estate of I.C. Suatac Construction Ltd., 12 O.R.(2d) 465, folld. [para. 15].

Statutes Noticed:

Companies Act, R.S.A. 1970, c. 60, sect. 105 [para. 8]; sect. 266 [para. 9].

Alberta Labour Act, S.A. 1973, c. 33, sect. 48 [para. 13].

Authors and Works Noticed:

Maxwell on the Interpretation of Statutes (12th Ed.), p. 251 [para. 27].

Dreiger on Construction of Statutes [para. 29].

Counsel:

D.I. MacLeod, for the plaintiff;

W.L. Severson, for the defendants Chuck Avery and Arthur Avery;

D.R.C. Ebbert, for the defendants Kazakoff, Taylor and Saunders.

The judgment of the Alberta Supreme Court, Trial Division was delivered orally by GRESCHUK, J., at Calgary, Alberta on February 18, 1977.