Toronto-Dominion Bank v. Associated Decorators Ltd., Franz and Joslyn & Olsen Contractors Ltd., (1979) 23 A.R. 583 (QB)

• Judge: Stevenson, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 26, 1979
• Citations: (1979), 23 A.R. 583 (QB)

TD Bk. v. Assoc. Decorators Ltd. (1979), 23 A.R. 583 (QB)

MLB headnote and full text

Toronto-Dominion Bank v. Associated Decorators Ltd. and Franz (defendants) and Joslyn & Olsen Contracting Ltd. (garnishee)

(237734)

Indexed As: Toronto-Dominion Bank v. Associated Decorators Ltd., Franz and Joslyn & Olsen Contractors Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Stevenson, J.

October 26, 1979.

Summary:

This headnote contains no summary.

Choses in Action - Topic 1003

Assignment of book debts - Effect of - On claim for income tax and workmen's compensation against assignor - An assignor made a general assignment of book debts to its bank - Subsequently, the Minister of National Revenue and the Workers' Compensation Board claimed entitlement to amounts owing to the assignor - The Alberta Court of Queen's Bench allowed the Bank's claim to the amounts owing to the assignor and held that the general assignment of book debts constituted a valid equitable assignment to the bank, leaving the assignor with no equitable interest to which the claims of the Minister of National Revenue and the Workers' Compensation Board could attach.

Cases Noticed:

Royal Bank of Canada v. A.G. Canada, [1977] 6 W.W.R. 170; 8 A.R. 225, affd. 13 A.R. 318, appld. [para. 5].

Workmen's Compensation Board v. Provincial Treasurer of Alberta (1967), 59 W.W.R.(N.S.) 298, appld. [para. 5].

Hamilton Avnet International (Canada) Ltd. v. Canatron etc. (1978), 86 D.L.R.(3d) 697, not folld. [para. 7].

Bank of Montreal v. Union Gas, [1969] 2 O.R. 776, not folld. [para. 7].

Re Mechanics' Lien Act, H.B.O.G. v. Trustee of FPC etc. (1969), 67 W.W.R.(N.S.) 665, consd. [para. 12].

Statutes Noticed:

Workers' Compensation Act, S.A. 1973, c. 87, sect. 78(4) [para. 10].

Counsel:

P. Stuffco, for the plaintiff (applicant);

M.E.T. Clare, for the Minister;

P.J. Barrett, for the Board.

This case was heard at Edmonton, Alberta, before STEVENSON, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on October 26, 1979: