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The Court dismissed Forseed’s claim that the Bank wrongly seized pledged funds, holding the GICs were proceeds of the pledged account and that estoppel barred the challenge.
The Supreme Court held that historic-resource incentive payments did not run with the land, were not sold in the judicial sale, and remain subject to the PPSA.
The Court of Appeal allowed the appeal, holding the license was a PPSA security agreement and Vegherb had a perfected PMSI. The proposal's classification and extinguishment terms were unfair.
The court held that RBC had priority under a written priority agreement, and alternatively was protected for cheque deposits under PPSA s. 31(3).
The court held that AGT’s security interest in YGC shares did not outrank the respondents’ interests. The respondents were perfected in Yukon, and AGT had imputed knowledge of the prior security.
The Supreme Court held that a prior unregistered PPSA security interest had priority over a later Bank Act security interest in the same collateral.
The court resolved priority disputes over a vessel among two secured creditors and a garage keeper, rejected the garage lien, and upheld the earlier registered security interest.
The court found Absolute Bailiffs had no valid security interest and held the 2004 seizure of the Lincoln was conversion, awarding nominal damages and rental-car costs.
The Court of Appeal held that a lease with an option to purchase is not a true conditional sale under s. 86(3) of the Motor Vehicle Act.
Court set aside a consent judgment and release of pledged accounts after finding the bank’s release of a co-guarantor repudiated the settlement agreement.
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