2203383 Canada Inc. v. Abdallah
ITA-7404-95
Denault J.
6/11/96
4 pp.
Appeal from order dismissing Her Majesty the Queen's application for interim garnishee order-Having obtained judgment against judgment debtor 2203383 Canada Inc., applicant proceeded with garnishment against company's sole director-Applicant also applied for interim garnishee order against 2854-8816 Québec Inc., of which defaulting garnishee sole shareholder, to attach his shares in said company-In support of application, applicant relied on R. 2300 and Quebec Code of Civil Procedure, arts. 618 and 625-Since in his view applicant's affidavit did not establish prima facie evidence of specific debt, prothonotary refused to issue interim garnishee order-Nothing to indicate applicant knew location of share certificates-Applicant therefore not intending to use method provided for in Code of Civil Procedure, art. 617-Code of Civil Procedure unable to prevail over clear provision of Federal Court Rules-R. 2300 and Code of Civil Procedure, arts. 618 and 625, dealing with same enforcement mechanism, but methods of obtaining writ of garnishment differing in two systems-Method provided by R. 2300 had to prevail-Prothonotary right to apply R. 2300 and deem applicant's affidavit unsatisfactory-Appeal dismissed-Code of Civil Procedure, R.S.Q., 1977, c. C-25, arts. 617, 618, 625-Federal Court Rules, C.R.C., c. 663, R. 2300.