Paquette (Bankrupt), Re, (1994) 154 A.R. 79 (QB)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 03, 1994
• Citations: (1994), 154 A.R. 79 (QB)

Paquette (Bankrupt), Re (1994), 154 A.R. 79 (QB)

MLB headnote and full text

In The Matter Of the Bankruptcy of Joseph Omer Gaetan Paquette of Edmonton, Alberta;

And In The Matter Of the Claim of the Edmonton Civic Employees Credit Union Ltd.

(Action No. 39995)

Indexed As: Paquette (Bankrupt), Re

Alberta Court of Queen's Bench

Judicial District of Edmonton

Wachowich, A.C.J.Q.B.

May 3, 1994.

Summary:

A financing statement registered by a credit union misnamed the debtor. The debtor subsequently made an assign­ment in bank­ruptcy. The trustee rejected the credit union's claim to be a secured creditor. The credit union appealed.

A Registrar of the Alberta Court of Queen's Bench, In Bankruptcy, in a decision reported 142 A.R. 305, dismissed the credit union's appeal. The credit union appealed.

The Alberta Court of Queen's Bench, in a decision reported 152 A.R. 286, dismissed the appeal. The credit union applied to the court under s. 187(5) of the Bankruptcy and Insolvency Act to reconsider and vary its decision.

The Alberta Court of Queen's Bench dis­missed the application.

Bankruptcy - Topic 6766

Practice - Orders - Variation or rescission of - A credit union applied to the court under s. 187(5) of the Bankruptcy and Insolvency Act to reconsider and vary its decision - The credit union sought to bring further evidence before the court - The Alberta Court of Queen's Bench dis­missed the application - The evidence should have been before the court at the hearing - There was no fundamental change in circumstances between the hear­ing and the application requiring a review of the decision.

Practice - Topic 6108

Judgments and orders - Amendment, rescission and variation of judgments and orders - Amendment or variation - Appli­cation for - [See Bankruptcy - Topic 6766 ].

Cases Noticed:

MacCulloch (Bankrupt), Re (1992), 113 N.S.R.(2d) 367; 309 A.P.R. 367; 13 C.B.R. 201 (S.C. Bktcy.), refd to. [para. 4].

Statutes Noticed:

Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, sect. 187(5) [para. 1 et seq.].

Counsel:

B.W. Mielke, for the appellant;

J.A. Pavlus, for the respondent.

This application was heard by Wachowich, A.C.J.Q.B., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered judgment on May 3, 1994.