General Motors Acceptance Corporation of Canada Limited v. Alex Williamson Motor Sales Limited

General Motors Acceptance Corporation of Canada Limited v. Alex Williamson Motor Sales Limited

The motion judge found that no disposition by GMAC occurred under s.63; therefore GMAC's security interest remained attached to the vehicle and its proceeds and took priority, and the Court of Appeal dismissed the appeal.

Source-derived case information.

Citation
2010 ONCA 90
Parties
Plaintiff (respondent): General Motors Acceptance Corporation of Canada Limited; Defendant (appellant): Alex Williamson Motor Sales Limited
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
2 February 2010
Procedural Posture
Civil / Appeal From Superior Court of Justice (motions Judge)
Outcome
Appeal dismissed
Legal Topics
Priority of Security Interests, Disposition Under PPSA S.63, Inventory Financing, Proceeds of Sale
Source Language
english
Secured Transactions Bankruptcy Personal Property Security Priority of Security Interests Disposition Under PPSA S.63 Inventory Financing Proceeds of Sale

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Parties

General Motors Acceptance Corporation of Canada Limited

Plaintiff (respondent)

Alex Williamson Motor Sales Limited

Defendant (appellant)

Procedural Posture

Civil / Appeal From Superior Court of Justice (motions Judge)

Legal Issues

  1. 1 Whether GMAC's security interest in the motor vehicle and its proceeds retained priority after Williamson repossessed the vehicle
  2. 2 Whether GMAC (through GM) effected a disposition under s.63 of the Personal Property Security Act that discharged its security interest per s.63(9)
  3. 3 Whether the motion judge's factual findings could be disturbed on appeal

Ratio Decidendi

The motion judge found that no disposition by GMAC occurred under s.63; therefore GMAC's security interest remained attached to the vehicle and its proceeds and took priority, and the Court of Appeal dismissed the appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order of the Superior Court of Justice affirmed