Supreme Court
Decision Information
Decision information:
Abstract: Application by the Sheriff for directions under section 39 (1) of the Seizures Act
Decision: Application dismissed - Notice of intention filed under the Bankruptcy Act serves to stay the proceedings relating to the seizure - Application is therefore moot and need not be heard.
Subjects: Bankruptcy and insolvency - Administration of estate - Sale of assets
Decision Content
CV 04545 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF the Seizures Act; AND IN THE MATTTER OF an application for directions by the Sheriff; BETWEEN: THE SHERIFF OF THE NORTHWEST TERRITORIES Applicant - and - 156190 CANADA LIMITED, also known as DMG MULTI-SERVICES, and 831546 N.W.T. Ltd., also known as BARSOUM DRUGS LTD., and NADER BARSOUM Respondents Application by the Sheriff for directions under s.39(1) of the Seizures Act dismissed without costs. Heard at Yellowknife on March 19th and 22nd 1993 Judgment filed: March 22nd, 1993 REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE M.M. de WEERDT Counsel for the Applicant: Katherine R. Peterson, Q.C. Counsel for the Respondent 156190 Canada Limited also known as DMG Multi- Services: Michael Triggs, Esq. Counsel for the Respondents 831546 N.W.T. Ltd., also known as Barsoum Drugs Ltd. and Nader Barsoum: Graham Watt, Esq. CV 04545 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF the Seizures Act; AND IN THE MATTTER OF an application for directions by the Sheriff; BETWEEN: THE SHERIFF OF THE NORTHWEST TERRITORIES Applicant - and - 156190 CANADA LIMITED, also known as DMG MULTI-SERVICES, and 831546 N.W.T. Ltd., also known as BARSOUM DRUGS LTD., and NADER BARSOUM Respondents REASONS FOR JUDGMENT 1 The appliction of 156190 Canada Limited, also known as DMG Multi-Services ("DMG") for a declaration pursuant to s.69.4 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (as amended) having today been dismissed, the extrajudicial seizure in question in the present proceedings is subject to the stay brought into effect by filing of a notice of intention pursuant to s.50.4 of that Act by 831546 N.W.T. Ltd., also known as Barsoum Drugs Limited ("Barsoum") as provided by s.69 to s.69.3 of the Act, -2- and the questions set forth in the present applicant's originating notice are therefore moot, and accordingly do not require any answer. 2 The present application is therefore dismissed without costs. M.M. de Weerdt J.S.C. Yellowknife, Northwest Territories March 22nd 1993 Counsel for the Applicant: Katherine R. Peterson, Q.C. Counsel for the Respondent 156190 Canada Limited also known as DMG Multi- Services: Michael Triggs, Esq. Counsel for the Respondents 831546 N.W.T. Ltd., also known as Barsoum Drugs Ltd. and Nader Barsoum: Graham Watt, Esq. CV 04545 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF the Seizures Act; AND IN THE MATTTER OF an application for directions by the Sheriff; BETWEEN: THE SHERIFF OF THE NORTHWEST TERRITORIES Applicant - and - 156190 CANADA LIMITED, also known as DMG MULTI-SERVICES, and 831546 N.W.T. Ltd., also known as BARSOUM DRUGS LTD., and NADER BARSOUM Respondents REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE M.M. de WEERDT
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