Canada Case Law

Aaron Yager Construction Ltd. v. Williams

Court

Supreme Court of British Columbia

AY Construction Ltd. established a strong prima facie proprietary interest in the Bobcat, steel I-beams and cutting torch based on documentary and corroborated employee evidence; Ms. Yager lacked title to sell; balance of convenience favored provisional return of the Equipment to AY Construction Ltd.; replevin ordered without security and subject to resolution at trial.

Source excerpt

• Replevin
• Conversion
• Detinue
• Sale of goods
• Nemo dat
• Balance of convenience

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Ali v. 1308529 BC Ltd.

Court

Supreme Court of British Columbia

The court cancelled a CPL over development land, finding hardship from financing and sale impediments, but ordered $75,000 from net sale proceeds as security.

• Certificate of pending litigation
• Hardship and inconvenience
• Security for release of cpl
• Unjust enrichment
• Standing of beneficiaries against third parties
• Resulting and constructive trust

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1261682 B.C. Ltd. v. 617436 B.C. Ltd.

Court

Supreme Court of British Columbia

The court dismissed competing applications over priority to assign a Surrey property contract, finding the disputed record too conflicted for summary determination.

• Assignment of contract
• Priority of equitable assignments
• Nemo dat
• Repudiation
• Agency
• Summary trial suitability

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Lynds v. Bogle

Court

Nova Scotia Small Claims Court

Because the seller (Upton) had no authority or ownership and the claimant did not by conduct preclude denial of that lack of authority, the defendant did not acquire valid title to the van under the Sale of Goods Act and must return it; the defendant's sale of the trailer constituted conversion and he must compensate the claimant in the sum equal to the trailer purchase price ($8,000).

Source excerpt

• Stolen goods
• Nemo dat
• Innocent purchaser
• Conversion
• Return of goods
• Damages

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Young v. Jerry Pleasant Developments Limited

Court

Nova Scotia Small Claims Court

On the balance of probabilities the court found I Hear Ya Developments Inc. acquired the parties' interest in the excavator based on the payments, acknowledgements (including the October 24, 2016 transfer statement by Jerry Pleasant), subsequent lease documents and conduct of the parties; registration and confusing Bills of Sale from Meridian were insufficient to establish Meridian's or the Defendants' superior title in the absence of Meridian as a party; registration is evidence but not determinative where ownership is contested; therefore I Hear Ya is sole owner and is entitled to delivery…

Source excerpt

• Ownership dispute
• Transfer of title
• Lease financing
• Repossession
• Nemo dat
• Interpretation of contract

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First West Credit Union v. Giesbrecht

Court

Supreme Court of British Columbia

The court held that an alleged voidable fraudulent conveyance did not defeat the mortgagees’ security and granted an order nisi of foreclosure.

• Indefeasible title
• Nemo dat
• Land title act s.25.1
• Fraudulent conveyance act
• Foreclosure
• Receiver appointment

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Gill v. Bucholtz

Court

British Columbia Court of Appeal

Court of Appeal held that mortgages granted by a fraudster-registered owner were void and cancelled, because the Act preserves nemo dat for charges.

• Indefeasibility
• Fraud exception
• Nemo dat
• Mortgage registration
• Void instruments
• Assurance fund

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Yu v. ICBC

Court

British Columbia Court of Appeal

The Court of Appeal dismissed ICBC’s appeal, upholding liability in negligence for insisting on proof before restoring registration of a stolen vehicle.

• Duty of insurer
• Vehicle registration
• Nemo dat
• Registration requirements under motor vehicle act
• Insurer claim handling
• Negligence

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Yu v. ICBC

Court

Supreme Court of British Columbia

La Cour a conclu qu’ICBC avait fait preuve de négligence en refusant de rétablir l’immatriculation d’un véhicule volé en exigeant une ordonnance judiciaire non prévue par la loi.

• Negligence
• Vehicle registration
• Fraudulent transfer
• Nemo dat
• Statutory construction
• Damages

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R. v. CIBC

Court

Court of Appeal for Ontario

A secured creditor's PPSA security interest can attach to funds that were voidable (because victims intended to transfer money) even if the funds derive from fraud; nevertheless, identifiable proceeds of crime deposited into the account are forfeitable to the Crown and the court will not exercise its discretion under s.462.41 to return identifiable victims' funds to a secured creditor, while sums that are bank advances/overdrafts (not proceeds) are not subject to forfeiture and must be returned to the bank.

Source excerpt

• Proceeds of crime
• Nemo dat
• Security interest
• Identification of proceeds
• Judicial discretion under s.462.41
• Ppsa attachment

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