Bank of Montreal v. LeBlanc

Bank of Montreal v. LeBlanc

Claimant failed to prove statutory service of the s.60 notices by registered mail; that breach limited the claimant’s recovery by precluding interest and repossession costs flowing from the defective notice and required damages and valuation adjustments, resulting in a reduced deficiency judgment based on the best evidence of the vehicle’s value and an award for defendants' lost property adjusted for depreciation.

Citation
2015 NSSM 47
Parties
Claimant: Bank of Montreal; Defendant: Timothy John LeBlanc; Defendant: Kevin Figuera Maio
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 November 2015
Procedural Posture
Small Claims Court – Deficiency Judgment Arising From Repossession of Vehicle / Decision (adjudication)
Outcome
Judgment for Bank of Montreal after setoff: Bank awarded net judgment of $13,121.23 against defendants; no costs; no interest awarded.
Legal Topics
Notice of Disposition, Deficiency Judgment, Commercially Reasonable Sale, Damages for Improper Notice, Counterclaim for Losses to Personal Property
Source Language
English
Personal Property Security Contract Law Tort Consumer Finance Repossession Law Notice of Disposition Deficiency Judgment Commercially Reasonable Sale +2 more

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Parties

Bank of Montreal

Claimant

Timothy John LeBlanc

Defendant

Kevin Figuera Maio

Defendant

Procedural Posture

Small Claims Court – Deficiency Judgment Arising From Repossession of Vehicle / Decision (adjudication)

Legal Issues

  1. 1 Did the secured party comply with s.60 PPSA notice requirements?
  2. 2 If there was non-compliance, does it preclude a deficiency judgment?
  3. 3 If non-compliance occurred, are defendants entitled to damages for losses?

Ratio Decidendi

Claimant failed to prove statutory service of the s.60 notices by registered mail; that breach limited the claimant’s recovery by precluding interest and repossession costs flowing from the defective notice and required damages and valuation adjustments, resulting in a reduced deficiency judgment based on the best evidence of the vehicle’s value and an award for defendants' lost property adjusted for depreciation.

Court Disposition

Judgment for Bank of Montreal after setoff: Bank awarded net judgment of $13,121.23 against defendants; no costs; no interest awarded.

Orders

  • Allow claimant’s reduced claim in the amount of $18,315.32
  • Allow defendant Maio’s counterclaim in the amount of $5,194.09