Supreme Court

Decision Information

Sheriff of the Northwest Territories v 156190 Canada Limited

Court Supreme Court
Date 1993-03-22
File numbers CV 04545
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Statutes considered:
Seizures Act, R.S.N.W.T. 1988, c. S-6, s. 39 ( 1 )
BANKRUPTCY AND INSOLVENCY ACT, R.S.C. 1985, C. B-3
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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