In what circumstances will a judge order distribution of a pro rata distribution of execution creditors?

Saskatchewan, Canada


The following excerpt is from Beaver Lumber Company v. Quebec Bank, 1918 CanLII 112 (SK CA):

In Thompson v. Berglund, above referred to, Wetmore, C.J., himself directed a pro rata distribution among certain execution creditors. Executions which had been filed after the mortgage sale took place were barred from participation in the fund.

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