Acts and Regulations

C-33 - Creditors Relief Act

Section 11
Disposition versions

Full text
Levy of Sheriff where claim contested
11(1)Where a claim is contested by a creditor after a certificate has been placed in the sheriff’s hands, the sheriff unless the judge otherwise orders shall proceed and levy as if such contestation had not been made, and the sheriff shall, until the determination of the contestation, retain in a financial institution the amount that would be apportionable to the claim if valid, and he shall, as soon after the expiry of the said month as practicable, distribute the residue of the money made amongst those entitled.
Application of claimant where claim contested
11(2)The claimant whose claim is contested may apply to a judge for an order allowing his claim and determining the amount; and in case he does not make such application within eight days of his receiving notice of the contestation, or within such further time if any as the judge upon the delay being reasonably accounted for may allow, he shall be taken to have abandoned his claim.
Court order allowing other creditors to enter contest
11(3)Where the contestant is a creditor and there is reason to believe that the contestation is not being carried on in good faith, any other creditor may apply for an order permitting him to intervene in the contest.
R.S., c.50, s.11; 1994, c.11, s.2
Levy of Sheriff where claim contested
11(1)Where a claim is contested by a creditor after a certificate has been placed in the sheriff’s hands, the sheriff unless the judge otherwise orders shall proceed and levy as if such contestation had not been made, and the sheriff shall, until the determination of the contestation, retain in a financial institution the amount that would be apportionable to the claim if valid, and he shall, as soon after the expiry of the said month as practicable, distribute the residue of the money made amongst those entitled.
Application of claimant where claim contested
11(2)The claimant whose claim is contested may apply to a judge for an order allowing his claim and determining the amount; and in case he does not make such application within eight days of his receiving notice of the contestation, or within such further time if any as the judge upon the delay being reasonably accounted for may allow, he shall be taken to have abandoned his claim.
Court order allowing other creditors to enter contest
11(3)Where the contestant is a creditor and there is reason to believe that the contestation is not being carried on in good faith, any other creditor may apply for an order permitting him to intervene in the contest.
R.S., c.50, s.11; 1994, c.11, s.2