Zielinski v. Vision Pictures Inc., docket ITA-1132-93

     Date: 19990401

     Docket: ITA-1132-93

     In the matter of the Income Tax Act,

     - and -

     AGAINST:

     PIOTR RAFAL ZIELINSKI

     Judgement Debtor

     AND

     VISION PICTURES INC.

     Default Garnishee

     AND

     COUR ST-MARC INC.

     Garnishee

     REASONS FOR ORDER

RICHARD MORNEAU, ESQ., PROTHONOTARY:

[1]      I am satisfied that it is reasonable to consider that the garnishee is still indebted towards the default garnishee since it is reasonable to consider that the preferred shares acquired by the default garnishee in order to cancel or to set off its indebtedness have no value.

[2]      With respect to the value of the shares, I do not consider under the present circumstances that the garnishee can invoke the doctrine of estoppel against the judgement creditor. The judgement debtor asserted at all relevant times that the shares had no value. It was incumbent on the garnishee to bring some positive evidence to rebut such position.

[3]      Accordingly, a final order of seizure by garnishment shall issue in favour of the judgement creditor.

Richard Morneau

     Prothonotary

MONTREAL, QUEBEC

April 1, 1999

     FEDERAL COURT OF CANADA

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:

STYLE OF CAUSE:

ITA-1132-93

In the matter of the Income Tax Act,

- and -

In the matter of an assessment or assessments by the Minister of National Revenue under one or more of the Income Tax Act, Canada Pension Plan, Unemployment Insurance Act,

AGAINST:

PIOTR RAFAL ZIELINSKI

     Judgement Debtor

AND

VISION PICTURES INC.

     Default Garnishee

AND

COUR ST-MARC INC.

     Garnishee

PLACE OF HEARING:      Montreal, Quebec

DATE OF HEARING:      March 26, 1999

REASONS FOR ORDER BY RICHARD MORNEAU, ESQ., PROTHONOTARY

DATE OF REASONS FOR ORDER:      April 1, 1999

APPEARANCES:

SOLICITORS OF RECORD: