Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The court held the collateral was not shown to be consumer goods under the PPSA, so s. 67 did not limit Summit’s remedies. Falco’s corporate ownership also took one asset outside s. 67.
The court granted without-notice production and substituted service orders after finding the plaintiff had made repeated unsuccessful efforts to locate leased tractors and serve a defendant.
The court held the petitioners owned the Log Loader and ordered cancellation of DLL’s PPSA registration, finding DLL had not shown an enforceable security interest.
The bankrupt retained property rights in the shed at the time of bankruptcy (notably a reinstatement/right of possession) which vested in the trustee; Continental's agreement was a financing lease amounting to a security interest that was unperfected at bankruptcy and thus ineffective against the trustee under the PPSA, so the trustee's disallowance of Continental's secured claim was valid and the appeal is dismissed.
Source excerpt
The court appointed a receiver manager over Seymour Health Inc., finding the debt enforcement just and convenient despite a pending lawsuit and public-health concerns.
The Court dismissed the appeal: the motion judge did not grant a Rule 43 recovery order for the crane but validly exercised s.64 of the PPSA to fix the secured debt and require surrender of the crane upon payment (redemption) under s.63, and properly enjoined Maynard from using the crane because Maynard's security interest did not confer a right to use the collateral.
Source excerpt
The Registrar erred in law and made a manifestly wrong factual finding by concluding the Trustee held an interest in the deceased’s mobile home; the mobile home remained part of the probate estate held by the bankrupt as executrix until the estate’s debts, taxes and funeral expenses were paid, so the Trustee had no registrable PPSR interest and the Registrar lacked jurisdiction to order the Trustee to administer the probate estate. The appeal is allowed and the Registrar’s order is set aside; the bankrupt must pay the Trustee the value of monies or personal property devolving upon her after c…
Source excerpt
Ontario/PPSA-style secured transactions dispute over whether a security agreement excluding consumer goods triggered s. 67; court found it did not and granted judgment for the plaintiff.
The Registrar found the replacement 12‑month leases were, in commercial reality, financing leases rather than true leases because identical payment terms across new and used vehicles demonstrated a financing arrangement in substance; alternatively, the month‑to‑month continuation clause meant the leases could extend beyond one year and thus fell within the PPSA definition of a lease for more than one year, requiring registration; because Amherst did not register, its security was properly disallowed and the appeal was dismissed.
Source excerpt
Canada Grace acquired control of the pledged uncertificated shares by the terms of the Security Agreement and therefore had a security interest; however s.17.1(2) does not extend to permitting a secured party to foreclose (accept collateral in satisfaction of the debt) free of Part V notice and redemption protections, but on the facts the communications constituted adequate notice under Part V so the foreclosure was effective; therefore the appeal is dismissed.
Source excerpt
Explore more
