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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.
The Federal Court of Appeal found reviewable errors in the Federal Court's treatment of prior art and obviousness: the trial judge erred by excluding publicly available prior art (Higgins and FDA Workshop) from the state of the art on the basis that a person skilled in the art would not have located them, and by conflating disclosure and enablement when dismissing the 1994 Kennedy Report and Higgins as anticipatory; the Saccharin doctrine does not extend to finds of infringement where the alleged infringer's activities occurred entirely outside Canada; there was insufficient evidence to suppo…
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On the evidence the work was completed (or at least not a continuing contract) by November 2015 (November 9 or November 18 at latest) and the Claim for Lien filed January 28, 2016 fell outside the statutory Builders' Lien filing period; although the trustee's noted date was imperfect, the trustee's conclusion disallowing priority was legally correct. The appeal was properly heard de novo on the facts, but the civil burden rested on the appellant to prove a timely claim; accordingly the trustee's disallowance of secured status is upheld and the appeal is dismissed.
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The Court of Appeal held that the PPSA’s statutory priority scheme cannot be displaced by equity or unjust enrichment to restore a discharged security interest.
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.
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The court held that an unperfected PPSA security interest under a lease of more than one year was ineffective against the trustee in bankruptcy, so the secured claim was dismissed.
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 held that the transfer of the paintings to Vickers within three months of the initial bankruptcy event was a void preference, and ordered delivery to the trustee.
The Court held that the conduct of the parties and their solicitor in January and February 2002 established an implied term that the second mortgage transaction would not be completed if it would trigger a default under the first mortgage; the trial judge erred in treating the written terms as exhaustive and the appeal was allowed, resulting in dismissal of the action and partial allowance of costs to the appellant.
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The law of the situs (Nova Scotia) governs the validity, perfection and effects of perfection/non-perfection of the security interest in the automobile; parties cannot by contract bind third parties to a different governing law to defeat the PPSA; therefore under s.21(2) of the Nova Scotia PPSA the Applicant's unperfected security interest is ineffective against the trustee and the trustee's disallowance of the secured claim is confirmed.
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