Royal Bank of Canada v. Taschuk, (1979) 30 A.R. 101 (QB)

JudgeMcFadyen, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateOctober 12, 1979
Citations(1979), 30 A.R. 101 (QB)

Royal Bk. v. Taschuk (1979), 30 A.R. 101 (QB)

MLB headnote and full text

Royal Bank of Canada v. Taschuk

(No. 27214)

Indexed As: Royal Bank of Canada v. Taschuk

Alberta Court of Queen's Bench

Judicial District of Vegreville

McFadyen, J.

October 12, 1979.

Summary:

This case arose out of an application by a chattel mortgagee for possession of a tractor. The mortgage was executed in Manitoba and subsequently registered in Alberta. Prior to the Alberta registration the tractor was sold at auction in Alberta. The Alberta Court of Queen's Bench allowed the mortgagee's application for possession of the tractor.

Chattel Mortgages and Bills of Sale - Topic 2385

Registration of chattel mortgages from other jurisdictions - Effect of registration - An Alberta company purchased a tractor at an Alberta auction and claimed title under s. 3 of the Factors Act - The tractor was the subject of an out-of-province chattel mortgage to a bank which was registered in Alberta subsequent to the auction - The Alberta Court of Queen's Bench held that the bank's chattel mortgage was valid, notwithstanding the Factors Act, because the bank complied with s. 13 of the Bills of Sale Act.

Cases Noticed:

Terra Power Tractor Co. Ltd. v. Chapman (1977), 5 A.R. 286, dist. [para. 6].

Union Acceptance Corporation Limited et al., Re (1955), 16 W.W.R.(N.S.) 283, refd to. [para. 12].

Statutes Noticed:

Factors Act, R.S.A. 1970, c. 132, sect. 3 [para. 7].

Bills of Sale Act, R.S.A. 1979, c. 29, sect. 13 [para. 11].

Counsel:

T. Thomas Mudry, for the applicant;

R.D. Hurdle, for R. Snelgrove & Sons Ltd.

This case was heard by McFADYEN, J., of the Alberta Court of Queen's Bench.

The judgment of McFADYEN, J., was delivered at Edmonton, Alberta on October 12, 1979.

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