Holy Rosary Parish (Thorold) Credit Union Ltd. v. Bye

There is no doubt that the borrowing by Bye from the RosARY credit union did create a debt provable in bankruptcy. The (iaOnOD)

credit union did not prove in bankruptcy. The debt has now gone by operation of law. The assignment was given as a means of collection of the debt. The statutory release of B the debtor under the Bankruptcy Act renders the assign- Judson J. ment ineffective as a means of collection. Both the judge of first instance and the Court of Appeal' have so held and in my opinion correctly.

The appeal should be dismissed with costs.

PATRICK HARRISON & COMPANY

N

LIMITED (Respondent) ...........

A'

AND

Feb. 7

THE ATTORNEY-GENERAL

FOR

RESPONDENT. MANITOBA (Applicant) ..........

ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA Mines and mining-Statute applying to "Mining, quarrying and other works for the extraction of minerals from the earth"-Contractor contracting to prepare shafts and drifts for mines-Whether contractor's operations fell within provisions of statute-The Employment Standards Act, 1957 (Man.), c. 20, s. 25(d).

The appellant contracted with a certain company to prepare shafts and drifts for mines to be used by that company for the extraction of minerals at two locations in Manitoba. The appellant and the Minister of Labour for Manitoba agreed that the appellant should deposit a sum of money in the Employees' Wages Trust Account, an account in the control of the Minister of Labour. The amount of that sum of money should be determined by the decision as to whether the appellant's operations were governed under the provisions of The Employment Standards Act or The Construction Industry Act, and such determination would be made by the Court of Queen's Bench upon application on behalf of the Minister of Labour. Thereafter an application was made by the respondent Attorney-General. The trial Taschereau CJ. and Martland, Judson, Ritchie and Spence JJ. 1 (1966), 51 D.L.R. (2d) 590.