Can a preference of execution creditors be applied in assignment for the benefit of creditors?

In Andrew v. Stewart, 6 A.R. 495, the late Chief Justice of Ontario appeared to think a “preference of execution creditors would not be objectionable in an assignment for the benefit of creditors.” It was not essential to the decision of that case, though the question arose, to determine the point. The assignment in question here is freer from objection than that under consideration in Andrew v. Stewart, as that gave a preference to privileged creditors as well as execution creditors without defining who would come under the description of privileged creditors.