Can a seizure be deemed an action brought or proceeding taken to set aside?
Alberta, Canada
The following excerpt is from Northern Floor Coverings Ltd. v. Domcor Distribution Ltd., 1977 CanLII 617 (AB QB):
In McHugh v. Campbell (1922), 22 O.W.N. 463, an Ontario Divisional Court held that a seizure “could not by any stretch of words be deemed an action brought or proceeding had or taken to set aside the sale” [p. 464]. The court distinguished Webber v. Hall, supra, but the report gives no explanation for the distinction.
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