Part 11 — Distributions
101 Claims exceed a distributable fund
the distributable fund is less than the total amount of all eligible
claims but is greater than the total amount distributable under
section 99(3)(a) to (f), the following applies:
(a) the distributing authority must serve a statement setting out
the proposed distribution on the enforcement debtor and on
each of the enforcement creditors who have related writs at
the time that the statement is given;
(b) if a person on whom a statement was served under clause (a)
wishes to object to the proposed distribution of the
distributable fund, that person must within 15 days from the
day of being served with that statement serve on the
distributing authority a written notice of the objection to the
distribution;
(c) if an objection has not been made in accordance with clause
(b) or any objection that is made is withdrawn,
(i) the statement of proposed distribution is final and
conclusive as between all persons on whom the
statement was served and the distributing authority, and
RSA 2000
(ii) the distributing authority must distribute the fund in
accordance with the statement of proposed distribution;
(d) a person who has made an objection in accordance with
clause (b) is deemed to have withdrawn the objection unless,
within 15 days from the day of serving the notice of
objection on the distributing authority, that person
(i) files with the Court, and
(ii) serves on the distributing authority,
an application, returnable not more than 30 days from the
day that the application is filed, for an order determining the
matter in respect of which the objection was made;
(d.1) a person who has made a n objection must, in accordance
with the regulations and the Alberta Rules of Court, serve
the application referred to in clause (d) on the persons
interested in the matter;
(e) where an objection has been made in accordance with clause
(b), the distributing authority must distribute in accordance
with the proposed distribution as much of the fund as will
not prejudice the effect of the objection if the objection is
upheld by the Court.
(1.1) Where subsection (1) applies but there is only one eligible
claim to which section 99(3)(g) would apply, the distributing
authority must immediately distribute the fund in accordance with
section 99(3).
(1.2) Where subsection (1) applies to a distributable fund that
consists of money paid under a garnishee summons, the following
applies:
(a) a statement of the proposed distribution that is served in
accordance with subsection (1)(a) must set out
(i) the proposed distribution of the distributable fund, and
(ii) the method of determin ing the proportion of any
distributable fund produced by the garnishee summons
in the future that is to be paid to the instructing creditor
and to other enforcement creditors;
(b) a distributing authority that has served a statement of
proposed distribution in accordance with clause (a) is not
required to serve another statement of proposed distribution
in respect of a distributable fund produced by the garnishee
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summons in the future unless, at the time that the
distributable fund is constituted, there are enforcement
creditors with related writs who have not previously been
served with that statement;
(c) if pursuant to clause (b) a distributing authority does not
serve another statement of proposed distribution in respect
of a distributable fund, the distributing authority must
(i) distribute the distributab le fund as soon as possible after
the fund is constituted, and
(ii) send to the enforcement debtor and to each person who
receives a portion of the distributable fund a statement
showing how the fund has been distributed.
(2) Where the amount of the distributable fund does not exceed the
total amount distributable under section 99(3)(a) to (f), the
distributing authority must as soon as possible distribute the fund in
accordance with section 99(3).
(3) Notwithstanding subsections (1.1), (1.2) and (2), where a
distributing authority has any doubt regarding the validity or
priority of a claim, whether it is a claim of an enforcement creditor
or otherwise, against money received by the distributing authority,
the following applies:
(a) the distributing authority
(i) must serve a notice to that effect on the person asserting
the claim, and
(ii) may serve that notice on any other persons as the
distributing authority considers appropriate;
(b) the notice referred to in c lause (a) must set out how the
distributing authority proposes to distribute the money;
(c) subsection (1)(b) to (e) app ly to a notice served under clause
(a) as if that notice were a statement served under subsection
(1).
RSA 2000 cC-15 s101;2002 c17 s1(21);2009 c53 s2