Regas Ltd. v. Plotkins

Regas Ltd. v. Plotkins

Plaintiff held a valid equitable assignment under Alberta law but sued in Saskatchewan where the debt arose; the question whether he could sue in his own name was procedural and governed by Saskatchewan law (Choses in Action Act), which permitted the action to be maintained; therefore the appeal was dismissed and the respondent entitled to recover the balance with interest as adjudged.

Citation
[1961] SCR 566
Parties
Defendant Appellant: Regas Ltd.; Plaintiff Respondent: Leon Louis Plotkins
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 June 1961
Procedural Posture
Action (debt for Goods Sold and Delivered) / Appeal to the Supreme Court of Canada From the Court of Appeal for Saskatchewan; Judgment 1961 06 26
Outcome
Appeal dismissed with costs.
Legal Topics
Assignment of Choses in Action, Lex Fori Vs Lex Loci/lex Domicilii, Statutory Assignment and Notice, Standing and Proper Parties to Sue, Interest on Account
Source Language
English
Conflict of Laws Civil Procedure Contract Property (choses in Action) Insolvency/liquidation Assignment of Choses in Action Lex Fori Vs Lex Loci/lex Domicilii Statutory Assignment and Notice +2 more

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Parties

Regas Ltd.

Defendant Appellant

Leon Louis Plotkins

Plaintiff Respondent

Procedural Posture

Action (debt for Goods Sold and Delivered) / Appeal to the Supreme Court of Canada From the Court of Appeal for Saskatchewan; Judgment 1961 06 26

Legal Issues

  1. 1 Whether plaintiff could maintain action in Saskatchewan despite assignments executed in Alberta
  2. 2 Whether the question of who may sue is procedural (governed by lex fori) or substantive (governed by law of assignment)
  3. 3 Whether plaintiff was entitled to interest at 5% on the balance

Ratio Decidendi

Plaintiff held a valid equitable assignment under Alberta law but sued in Saskatchewan where the debt arose; the question whether he could sue in his own name was procedural and governed by Saskatchewan law (Choses in Action Act), which permitted the action to be maintained; therefore the appeal was dismissed and the respondent entitled to recover the balance with interest as adjudged.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Respondent entitled to recover balance owing with interest at 5% per annum as determined by the Court of Appeal; item of $10,911.30 not part of the contested running account