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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.
Ex parte Federal Court order granting garnishment against Royal Bank of Canada to satisfy an unpaid judgment against Vaughn Hollis.
Applicant did not prove on the balance of probabilities a material change in circumstances sufficient to justify removing the children from their long‑established custodial environment; disruption and attachment harm outweighed the benefits of transfer. The court therefore preserves the status quo and grants a structured access regime to the mother while leaving day‑to‑day custody with Ms. Smith.
Source excerpt
On these facts, seizure of the collateral from a third party purchaser did not constitute possession giving rise to attachment under s.11 so as to defeat the third party's interests; therefore the appellant's security interest had not attached and the appeal is dismissed.
Source excerpt
The court held that Silver Spoon’s security interest did not extend to BHL’s individual tax refund, dismissed the petition, and granted the trustee’s motion.
The Court of Appeal granted Peel Financial Holdings’ application and restrained Western Delta Lands from dealing with remaining letter-of-credit funds pending further order.
The Court of Appeal ordered a standby letter of credit drawn down for Western Delta Lands Partnership, rejecting Peel Financial Holdings Ltd.’s claim to the funds.
The Court of Appeal dismissed an interpleader appeal in CCAA proceedings, holding Impsat could not use interpleader to litigate a foreign security claim or enforce Brazilian injunctions.
The Court of Appeal held that steel moulds bolted to a construction shed and bearing on piles were sufficiently attached to be an improvement under the Builders Lien Act.
The court held that a Notice of Attachment under the FMEA bound the attachee as served, could not be verbally varied, and used s. 24(1) to rectify an inequitable payment issue.
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