Massey-Ferguson Finance Co. of Canada Ltd. v. Kluz

Massey-Ferguson Finance Co. of Canada Ltd. v. Kluz

Although the right to repossess arises from the contract, any repossession that took place after the amended Limitation of Civil Rights Act came into force (April 18, 1970) had to comply with the new statutory procedure; the defendant's repossession on May 28, 1970 did not comply and the purchaser was entitled to the remedies in s.19.I.

Citation
[1974] SCR 474
Parties
Defendant/appellant: Massey-Ferguson Finance Company of Canada Limited; Plaintiff/respondent: Edward Kluz
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 June 1973
Procedural Posture
Appeal / On Appeal to Supreme Court of Canada From Court of Appeal for Saskatchewan; Final Judgment
Outcome
Appeal dismissed; judgment of the Court of Appeal for Saskatchewan affirmed; respondent entitled to remedies under s.19.I of The Limitation of Civil Rights Act.
Legal Topics
Conditional Sale, Repossession, Statutory Amendment and Prospective Application, Remedies for Wrongful Repossession, Limitation of Civil Rights Act S.19.i
Source Language
English
Sale Contract Property Security Interests Civil Procedure Statutory Interpretation Conditional Sale Repossession +3 more

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Parties

Massey-Ferguson Finance Company of Canada Limited

Defendant/appellant

Edward Kluz

Plaintiff/respondent

Procedural Posture

Appeal / On Appeal to Supreme Court of Canada From Court of Appeal for Saskatchewan; Final Judgment

Legal Issues

  1. 1 Whether a repossession effected after the coming into force of an amended statute must comply with the amended statutory procedure
  2. 2 Whether service of notice under the prior statute conferred a vested right to repossess immune from the later amendment
  3. 3 Whether a purchaser is entitled to remedies under s.19.I where repossession occurs in contravention of the amended Act

Ratio Decidendi

Although the right to repossess arises from the contract, any repossession that took place after the amended Limitation of Civil Rights Act came into force (April 18, 1970) had to comply with the new statutory procedure; the defendant's repossession on May 28, 1970 did not comply and the purchaser was entitled to the remedies in s.19.I.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal for Saskatchewan affirmed; respondent entitled to remedies under s.19.I of The Limitation of Civil Rights Act.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for Saskatchewan affirmed