Whitson, Sutton, Kilfoyle, McLachlan and Jorgenson v. Graham Realty Ltd., (1982) 48 A.R. 184 (QB)

• Judge: Crossley, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 13, 1982
• Citations: (1982), 48 A.R. 184 (QB)

Whitson v. Graham Realty Ltd. (1982), 48 A.R. 184 (QB)

MLB headnote and full text

Whitson, Sutton, Kilfoyle, McLachlan and Jorgenson v. Graham Realty Ltd.

(No. 8103-00587)

Indexed As: Whitson, Sutton, Kilfoyle, McLachlan and Jorgenson v. Graham Realty Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Crossley, J.

January 13, 1982.

Summary:

This case arose to determine the priority between an assignee of book debts and a garnishor to funds owing to the assignor by debtors. The Alberta Court of Queen's Bench held that the assignee's secured charge took priority.

Choses in Action - Topic 1185

Assignment of book debts - Priorities - Garnishee order - A real estate company made a general assignment of book debts to the Provincial Treasurer - Notice was not given to the company's debtors - Salesmen of the company issued garnishee summons against debtors of the company for unpaid commissions - The salesmen claimed priority over the assignee - The Alberta Court of Queen's Bench held that the assignee's secured charge under the assignment took priority over the salesmen's garnishee summons - See paragraphs 2 to 7.

Cases Noticed:

Hamilton Avnet Int. (Canada) v. Canatron Controls (1978), 86 D.L.R.(3d) 697 (Ont. Co. Ct.), consd. [para. 3].

Alta. Opportunity Co. v. Planidin et al. (1977), 4 A.R. 528; 24 C.B.R. 30, consd. [para. 6].

Alberta Energy Co. Ltd. v. Project Management Corp., [1981] 2 W.W.R. 50, consd. [para. 7].

Counsel:

J.W. Joosse, for the plaintiffs;

B.J. Larbalestier, for the Provincial Treasurer of Alberta.

This case was heard before Crossley, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on January 13, 1982.