Chattel Exemptions From Writs of Execution in Alberta British Columbia Manitob
Chattel Exemptions From Writs of Execution in Alberta British Columbia Manitob
Walter Samuel Scott
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He must at the time in some manner indicate to the officer his purpose to claim the property as exempt. " XXII. WAIVER. The right of exemption may be waived but (semble) not in advance (nor at all in Manitoba, see R. S. M. 1913, c. 66, s. 29), that being against public policy. In Roy v. Fortin supra the borrowing of goods by the debtor from an assignee for the benefit of creditors was held to be a waiver of the right to claim such goods as exempt through recognition of the title of the assignee..., while an- other judge in the same case held that the very making of the assignment operated as a waiver of the right. Exemption is not an absolute right, but a privilege which may be waived, and where debtors assigned all their prop- erty that might be seized and sold under execution, it was held that by the form of the assignment the privilege had been waived. (In re Ley and others, 7 B. C. R. 94. ) If the debtor's delay to claim his exemption arises from the fact that he is absent from the jurisdiction, no waiver of the right of exemption can be inferred from such delay.
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