Can a creditor raise a limitation defence of their debtor to defeat the priority claim of another creditor?
Alberta, Canada
The following excerpt is from Rahemtulla v. Kushwaha, 2013 ABQB 136 (CanLII):
Gottlieb v. Tymkow (2012) 94 C.B.R. (5th) 145 establishes that a creditor can raise a limitation defence of its debtor to defeat the priority claim of another creditor.
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