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In This Volume

  • 36 (1) An absolute assignment, in writing signed by the assignor, not purporting to be by way of charge only, of a debt or other legal chose in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to receive or claim the debt or chose in action, is and is deemed to have been effectual in law, subject to all equities that would have been entitled to priority over the right of the assignee if this Act had not been enacted, to pass and transfer the legal right to the debt or chose in action from the date of the notice, and all legal and other remedies for the debt or chose in action, and the power to give a good discharge for the debt or chose in action, without the concurrence of the assignor.
  • (2) If the debtor, trustee or other person liable in respect of the debt or chose in action has had notice that the assignment is disputed by the assignor or anyone claiming under the assignor, or of any other opposing or conflicting claims to the debt or chose in action, the debtor, trustee or other person
  • (a) is entitled to call on the persons making the claim to interplead concerning the debt or chose in action, or
  • (b) may pay the debt or chose in action into court, under and in conformity with the Trustee Act.

1979-224-32.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 2, para. 534.

CASE LAW

No Common Law Right to Contract Out of Section 36

There is no common law right to contract out of the terms of s. 36, because the common law does not recognize assignments (Guraya v. Kaila, 2019 BCSC 101, citing Brio Beverages (B.C.) Inc. v. Koala Beverages Ltd., 1998 CanLII 6495 (BCCA); Regas Ltd. v. Plotkins, [1961] S.C.R. 566, 1961 CanLII 71 (SCC), and Lee v. K-Leigh Holdings Ltd., 1997 CanLII 2178 (BC SC)).