Polyco Window Manufacturing Limited v. The Prudential Assurance Company Limited and Berlinex Polymers Inc., Equibuilt Window Systems Inc., K & K Glass Limited, the Minister of National Revenue, Debonair Industries (1987) Limited, Advance Door Systems Limited, Thompson Plastics Limited, 302602 Alberta Limited, C/O A.B.P. Aluminum Building Products, Western Profiles Limited, Moose Jaw Sash & Door Company (1963) Limited and the Director of Labour Standards, [1994] 2 CTC 399 -- text
Halvorson J.:— This was a hearing to determine the priority among claimants to insurance money paid into Court by the defendant, The Prudential Assurance Co.
Execution creditors contend the money should be shared pro rata pursuant to the Creditors' Relief Act, R.S.S. 1978, c. C-46. Garnishors assert prior rights under the Attachment of Debts Act, R.S.S. 1978, c. A-32. If the latter Act governs, there is an issue concerning the date upon which the insurance money became due and therefore attachable.