Canada Case Law

The Wallin Company Inc. v. Knappett Projects Inc.

Court

Supreme Court of British Columbia

Defendants established a prima facie case that the plaintiff lacks sufficient assets in British Columbia to satisfy a costs award because the plaintiff's BC-located assets are encumbered and readily removable and future contracts are speculative; the plaintiff failed to rebut by showing available assets, lack of arguable defence, or that security would stifle the action; accordingly the court ordered security for costs in the amount of $40,000, stayed the action until posted, gave 45 days to post the security, and awarded defendants costs of the application in the cause.

Source excerpt

• Security for costs
• Builders' lien
• Extra-provincial registration
• Impecuniosity
• Enforcement of costs orders

Read case analysis

Jackson v. Hatt

Court

Nova Scotia Small Claims Court

The court accepted the defendant's express consent that $3,000 was due, disallowed unsupported estimates for additional sums, applied s.11 to award maximum general damages of $100, awarded interest on the $3,100 at 4% from May 20, 2024, and allowed the filing fee, resulting in a judgment of $3,504.71.

Source excerpt

• Sale of goods
• Vehicle sale
• Lien
• Repossession
• Damages
• Interest

Read case analysis

Cameron Stephens Mortgage Capital Ltd. v. Square Nine King George Development Ltd.

Court

Supreme Court of British Columbia

The court granted Square Nine interim CCAA relief and adjourned the competing receivership application, finding CCAA a viable alternative while sales and marketing continued.

• Receivership
• Companies' creditors arrangement act (ccaa)
• Dip financing
• Administration charge
• Redma disclosure requirements
• Appointment of monitor

Read case analysis

Summit Leasing Corporation v. Rutledge

Court

Supreme Court of British Columbia

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.

• Ppsa s.67 seize-or-sue limitation
• Classification of goods (consumer goods vs equipment)
• Burden of proof on classification
• Registration of security interest
• Declaratory relief re security rights
• Ppsa-s-67

Read case analysis

Royal Bank of Canada v. 1343173 B.C. Ltd.

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia granted summary judgment to RBC, appointed Grant Thornton Limited as receiver, and awarded costs on a full indemnity basis.

• Receivership
• Enforcement of security
• Guarantee
• Judgment on demand
• Sealing order
• Costs indemnity

Read case analysis

Waygar Capital Inc. v. The Very Good Food Company Inc.

Court

Supreme Court of British Columbia

British Columbia Supreme Court held CAFO had first-ranking priority in unearned insurance premiums and the Trisura refund after notice under the Insurance Act.

• Ppsa exclusion (s.4(c))
• Unearned insurance premiums
• Assignment and notice (insurance act s.19)
• Perfection and priority of security interests
• First-in-time priority and nemo dat
• Unearned-insurance-premiums

Read case analysis

Peterson Investment Group Inc. v. 1076255 B.C. Ltd.

Court

Supreme Court of British Columbia

The court held that remaining strata sale holdback funds were debtor property in receivership and that National Bank and Peterson’s PPSA security ranked ahead of Urban One’s lien claim.

• Receivership
• Builders' liens
• Strata holdback
• Priority dispute
• Ppsa priority
• Builders-liens

Read case analysis

Institutional Mortgage Capital Canada Inc. v. Mortise (Scott Road Residential) Holdings Ltd.

Court

Supreme Court of British Columbia

The court appointed a receiver and manager over the borrowers' property after loan default, failed repayment efforts, and express consent in the security documents and forbearance agreement.

• Appointment of receiver
• Mortgage enforcement
• Forbearance agreement
• Priority of security
• Equitable mortgage
• Personal property security

Read case analysis

Brad Paddison Contracting Ltd. v. Sumitomo Canada Limited

Court

Yukon Court of Appeal

The Yukon Court of Appeal held a miners’ lien can attach to mineral concentrate and follow the purchaser, and that the lien form need only list the relevant claim or lease numbers.

• Miners lien
• Miners lien act
• Registration of liens
• Constructive notice
• Bona fide purchaser
• Notice requirements

Read case analysis

Dicebox Ventures Ltd. v. Brandt Tractor Ltd.

Court

Supreme Court of British Columbia

The court held Brandt’s repairers lien ended when possession of the loader was surrendered after the remote-site repairs, and later delivery back to Brandt did not revive it.

• Repairers lien
• Possessory lien
• Mechanic's lien
• Equitable lien
• Pledge
• Personal property registry

Read case analysis