Norcan Limited v. Lebrock et al.

Norcan Limited v. Lebrock et al.

The onus was on the plaintiff to prove that the defendant was about to leave the province with intent to defraud creditors; the trial judge and majority of the Court of Appeal found that the onus was not discharged and those factual findings were not disturbed, therefore the petition to quash was properly granted and the appeal must be dismissed.

Citation
[1972] SCR 26
Parties
Plaintiff/appellant: Norcan Limited; Defendant/respondent: Harold Lebrock; Intervenant: Harold Goltman; Intervenant: Alphonse Raymond, Jr.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 April 1971
Procedural Posture
Civil Appeal / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed.
Legal Topics
Capias Ad Respondendum, Intention to Defraud Creditors, Quash Writ, Onus of Proof
Source Language
English
Civil Procedure Capias Ad Respondendum Intention to Defraud Creditors Quash Writ Onus of Proof

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Parties

Norcan Limited

Plaintiff/appellant

Harold Lebrock

Defendant/respondent

Harold Goltman

Intervenant

Alphonse Raymond, Jr.

Intervenant

Procedural Posture

Civil Appeal / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether the defendant was immediately about to leave the province with intent to defraud his creditors in general and the plaintiff in particular
  2. 2 Whether the plaintiff discharged the onus of proof required to support issuance of a capias ad respondendum

Ratio Decidendi

The onus was on the plaintiff to prove that the defendant was about to leave the province with intent to defraud creditors; the trial judge and majority of the Court of Appeal found that the onus was not discharged and those factual findings were not disturbed, therefore the petition to quash was properly granted and the appeal must be dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed without costs.
  • Judgment of the Court of Queen's Bench, Appeal Side, Province of Quebec, affirmed.