Saskatoon Credit Union Ltd. v. Parklane Investments Ltd., (1980) 6 Sask.R. 348 (QB)

• Judge: Noble, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: May 09, 1980
• Jurisdiction: Saskatchewan
• Citations: (1980), 6 Sask.R. 348 (QB)

Saskatoon Credit v. Parklane Inv. Ltd. (1980), 6 Sask.R. 348 (QB)

MLB headnote and full text

Saskatoon Credit Union Ltd. v. Parklane Investments Ltd.

(Q.B. No. 684)

Indexed As: Saskatoon Credit Union Ltd. v. Parklane Investments Ltd.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Noble, J.

May 9, 1980.

Summary:

This headnote contains no summary.

Personal Property - Topic 6168

Security interests - Floating charge - Priority - A floating charge crystallized on assets of a tenant - Subsequently the landlord distrained against the tenant's assets and claimed priority over the floating charge - The Saskatchewan Court of Queen's Bench held that the landlord had priority for unpaid rent over the floating charge.

Personal Property - Topic 6164

Security interests - Floating charge - Crystallization of charge - The Saskatchewan Court of Queen's Bench stated that a floating charge crystallizes on the property of a debenture issuer when a receiver or manager is appointed by the debenture holder - See paragraph 5.

Cases Noticed:

Harvey Dodds Ltd. v. Royal Bank of Canada (1979), 1 Sask.R. 78, refd to. [para. 5].

Authors and Works Noticed:

Kerr on Receivers (13th Ed.), pages 164 [para. 4]; 165 [para. 5].

Counsel:

W.R. Rooke, for the applicant;

L.F. Pinel, for the respondent.

This application was heard by NOBLE, J., of the Saskatchewan Court of Queen's Bench. The judgment of NOBLE, J., was delivered at Saskatoon, Saskatchewan on May 9, 1980.