Acts and Regulations

C-33 - Creditors Relief Act

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Distribution of money where levy insufficient to cover debt
29(1)Where the money levied is insufficient to pay all claims in full and the time has come for distributing the money levied, the sheriff may forthwith distribute the same as directed by this Act or he may first prepare for examination by the debtor and his creditors a list of the creditors entitled to share in the distribution of the amount levied, with the amount due to each for principal, interest and costs; the list to be arranged so as, among other things, to show the amount going to each creditor under the provisions of this Act, and the total amount to be distributed; and the sheriff may deliver or send by post, prepaid and registered, to each creditor or his attorney, a copy of the list, with the several particulars aforesaid, and in such case the further proceedings may be as follows:
(a) if within eight days after all the copies have been delivered or posted, or within any further time the judge may allow, no objection is made as provided by this Act, the sheriff shall make distribution forthwith pursuant to the list;
(b) where an objection is made as provided by this Act, the sheriff shall forthwith distribute such an amount of the money made, and to such persons pari passu, as may not interfere with the effect of the objection in case the objection should be allowed;
(c) the sheriff may disregard objections that are frivolous, or manifestly insufficient to interfere with the distribution proposed, and distribute as if such objections had not been made.
29(2)Any person prejudiced by the proposed scheme of distribution may contest the same by giving notice in writing to the sheriff, stating therein distinctly his objection to the scheme, or any part thereof, and the grounds of objection.
29(3)The contestant shall, within eight days thereafter, apply to the judge for an order adjudicating upon the matter in dispute, otherwise the contestation shall be taken to be abandoned.
29(4)Upon obtaining an appointment from the judge, a copy thereof, together with a notice of the objections and grounds thereof, which may be in the form prescribed by regulation, shall be served by the contestant upon the debtor, unless he is the contestant, and upon the creditors, or such of them as the judge may direct, at least forty-eight hours before the hearing; and the mode of service may be personal or as determined by the judge.
29(5)The judge may determine any questions in dispute in a summary manner, or may direct an issue or action for the trial thereof, either by a jury or otherwise, and in any court, and may make such order as to the costs of the proceedings as may be just.
29(6)Subsection (5) is subject to the same provisions as are set forth in subsection 11(2).
29(7)Where under a contestation a claimant is held not entitled or only entitled to part of his claim, the money retained pending the contestation, or the portion as to which the claimant has failed, shall be distributed among the execution creditors and other creditors who would have been entitled thereto as the money would have been distributed had the claim in respect thereof not been made.
29(8)If an execution debtor, subsequent to the receipt of the first execution by the sheriff, and before the time for distribution has expired, has executed a mortgage or chattel mortgage, or otherwise charged any portion of his estate, the giving of such mortgage or other security does not have the effect of preventing subsequent execution creditors or other creditors, who have filed their claims as required by this Act, from sharing in the distribution of the money realized by the sheriff, or the sheriff from selling the interest seized under the first execution, but in distributing the money so realized the sheriff shall deduct and retain for the person entitled thereto the amount of any incumbrance so created pro rata from the amount that would otherwise be payable to the said subsequent creditors, but nothing herein contained has the effect of making valid any chattel mortgage that would otherwise be invalid.
R.S., c.50, s.29
Distribution of money where levy insufficient to cover debt
29(1)Where the money levied is insufficient to pay all claims in full and the time has come for distributing the money levied, the sheriff may forthwith distribute the same as directed by this Act or he may first prepare for examination by the debtor and his creditors a list of the creditors entitled to share in the distribution of the amount levied, with the amount due to each for principal, interest and costs; the list to be arranged so as, among other things, to show the amount going to each creditor under the provisions of this Act, and the total amount to be distributed; and the sheriff may deliver or send by post, prepaid and registered, to each creditor or his attorney, a copy of the list, with the several particulars aforesaid, and in such case the further proceedings may be as follows:
(a) if within eight days after all the copies have been delivered or posted, or within any further time the judge may allow, no objection is made as provided by this Act, the sheriff shall make distribution forthwith pursuant to the list;
(b) where an objection is made as provided by this Act, the sheriff shall forthwith distribute such an amount of the money made, and to such persons pari passu, as may not interfere with the effect of the objection in case the objection should be allowed;
(c) the sheriff may disregard objections that are frivolous, or manifestly insufficient to interfere with the distribution proposed, and distribute as if such objections had not been made.
29(2)Any person prejudiced by the proposed scheme of distribution may contest the same by giving notice in writing to the sheriff, stating therein distinctly his objection to the scheme, or any part thereof, and the grounds of objection.
29(3)The contestant shall, within eight days thereafter, apply to the judge for an order adjudicating upon the matter in dispute, otherwise the contestation shall be taken to be abandoned.
29(4)Upon obtaining an appointment from the judge, a copy thereof, together with a notice of the objections and grounds thereof, which may be in the form prescribed by regulation, shall be served by the contestant upon the debtor, unless he is the contestant, and upon the creditors, or such of them as the judge may direct, at least forty-eight hours before the hearing; and the mode of service may be personal or as determined by the judge.
29(5)The judge may determine any questions in dispute in a summary manner, or may direct an issue or action for the trial thereof, either by a jury or otherwise, and in any court, and may make such order as to the costs of the proceedings as may be just.
29(6)Subsection (5) is subject to the same provisions as are set forth in subsection 11(2).
29(7)Where under a contestation a claimant is held not entitled or only entitled to part of his claim, the money retained pending the contestation, or the portion as to which the claimant has failed, shall be distributed among the execution creditors and other creditors who would have been entitled thereto as the money would have been distributed had the claim in respect thereof not been made.
29(8)If an execution debtor, subsequent to the receipt of the first execution by the sheriff, and before the time for distribution has expired, has executed a mortgage or chattel mortgage, or otherwise charged any portion of his estate, the giving of such mortgage or other security does not have the effect of preventing subsequent execution creditors or other creditors, who have filed their claims as required by this Act, from sharing in the distribution of the money realized by the sheriff, or the sheriff from selling the interest seized under the first execution, but in distributing the money so realized the sheriff shall deduct and retain for the person entitled thereto the amount of any incumbrance so created pro rata from the amount that would otherwise be payable to the said subsequent creditors, but nothing herein contained has the effect of making valid any chattel mortgage that would otherwise be invalid.
R.S., c.50, s.29