Vicwest Steel Inc. v. Shubert Industries Inc.; Shubert v. 284752 Alberta Ltd., (1993) 143 A.R. 155 (QBM)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: June 21, 1993
• Citations: (1993), 143 A.R. 155 (QBM)

Vicwest Steel Inc. v. Shubert Ind. Inc. (1993), 143 A.R. 155 (QBM)

MLB headnote and full text

Vicwest Steel Inc. (plaintiff) v. Shubert Industries Inc. (defendant)

(Action No. 9203-18309)

Marshall J. Shubert (plaintiff) v. 284752 Alberta Ltd. (defendant)

(Action No. 9303-00132)

Indexed As: Vicwest Steel Inc. v. Shubert Industries Inc.; Shubert v. 284752 Alberta Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Funduk, Master in Chambers

June 21, 1993.

Summary:

A Master of the Alberta Court of Queen's Bench heard two applications in two actions.

In the Vicwest action the plaintiff applied to amend its statement of claim. The Master dismissed the application.

In the Shubert action the plaintiff applied for a Rice order and judgment against the defendant. The Master allowed the applica­tion.

Agency - Topic 6705

Liability of principal and agent to third parties - Liability of both for the same debt - A Master of the Alberta Court of Queen's Bench stated that in an action in debt a creditor cannot have judgment against both the principal and the agent (see paragraph 39).

Company Law - Topic 313

Nature of corporations - Lifting the cor­porate veil - Related companies - A sup­plier of goods successfully sued Shubeco for $38,408 plus interest - Later the supp­lier sued the parent company of Shubeco for the same debt - A Master of the Alberta Court of Queen's Bench stated that a shareholder is not liable for the corpora­tion's debts (see paragraphs 30 to 37).

Estoppel - Topic 386

Estoppel by record - Res judicata as a bar to subsequent proceedings - Issues decided in prior proceedings - A supplier of goods successfully sued Shubeco for $38,408 for goods supplied - Later the supplier sued Shubert Industries for $38,408 for the price of the same goods supplied (the supplier alleged that Shubeco was the agent for Shubert Industries) - A Master of the Alberta Court of Queen's Bench held that the supplier was estopped by its judgment against Shubeco from claiming that the contract was with Shubert Industries (see paragraphs 15 to 37).

Cases Noticed:

Bank of Montreal v. Canadian Westgrowth Ltd. et al. (1993), 135 A.R. 49; 33 W.A.C. 49 (C.A.), refd to. [para. 22].

Northwestern Utilities Ltd. v. Cedarville Apartments et al. (1989), 92 A.R. 353 (Q.B. Master), refd to. [para. 25].

First Investors Corp. v. Mehra, Mehra and Anko Investments Ltd. (1986), 71 A.R. 140 (Q.B. Master), affd. 84 A.R. 277 (C.A.), refd to. [para. 26].

Nelson Lumber Co. v. Northline Transport Ltd. and Hominuik (1993), 128 A.R. 220 (Q.B. Master), refd to. [para. 27].

Houle c. Banque Nationale du Canada, [1990] 3 S.C.R. 122; 114 N.R. 161; 35 Q.A.C. 161, refd to. [para. 36].

Lambur Scott Architects v. 404577 Alberta (1993), 142 A.R. 241 (Q.B. Master), refd to. [para. 28].

Counsel:

S.J. Livingston, for Marshall J. Shubert;

P.D. Kirwin, for Vicwest Steel Inc.

These applications were heard before Funduk, Master in Chambers, of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on June 21, 1993.