Case Name:

Rounds v. Canada

Sharon Rounds, Clarence Rounds, Glen Rounds, 533253 Ontario

Limited and Lakeside Elevators Retail Limited

v.

Her Majesty the Queen in the Right of Canada

[1998] S.C.C.A. No. 357

File No.: 26775

 Supreme Court of Canada

Record created: August 6, 1998.

Appeal From:

ON APPEAL FROM THE FEDERAL COURT OF APPEAL

Status:

Application for leave to appeal dismissed with costs (without reasons) April 15, 1999.

Catchwords:

Commercial law -- Bankruptcy law -- Procedural law -- Torts -- Trespass -- Warrant of Seizure under the Bankruptcy Act, R.S.C. 1970, c. B-3. R.C.M.P. officers attending upon the property of former bankrupt to assist in the seizure of farm machinery pursuant to a warrant of execution -- Officers entering premises before issuing demand required by the warrant -- Whether the execution of a warrant under the Bankruptcy Act is subject to the same scrutiny of procedure as the execution of a warrant under the Criminal Code or the common law -- Whether a demand provision in a warrant for the seizure of property issued ex parte under the Bankruptcy Act requires that reasonable notice be given to the party who will be the subject of the seizure.

Counsel:

Raymond G. Colautti (Paroian, Raphael, Courey, Cohen & Houston), for the motion.

Dale Yurka (Attorney General of Canada), contra.

Chronology:

1. Application for leave to appeal:

FILED:

August 6, 1998. S.C.C. Bulletin, 1998, p. 1214.

2. Motion to strike out parts of the application for leave granted September 28, 1998. Before: Bastarache J. S.C.C. Bulletin, 1998, p. 1566.

The motion is granted. The date for serving and filing an amended application for leave to appeal shall be extended to October 14, 1998, and the date for serving and filing an amended response shall be October 28, 1998.

3. Application for leave to appeal:

SUBMITTED TO THE COURT: March 15, 1999. S.C.C. Bulletin,

 1999, p. 462.

 DISMISSED WITH COSTS: April 15, 1999 (without reasons).

 S.C.C. Bulletin, 1999, p. 567.

 Before: Cory, Major and Binnie JJ.

Procedural History:

Judgment at first instance: Applicants awarded nominal

 damages of $100 for trespass; all other causes of

 action dismissed.

 Federal Court of Canada - Trial Division, Heald D.J.,

 December 11, 1995.

 [1995] F.C.J. No. 1659.

Judgment on appeal: Appeal dismissed.

 Federal Court of Appeal, Stone, Linden and Robertson

 JJ., May 7, 1998.

 [1998] F.C.J. No. 616.

ver/rpl