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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.
Liability under the motion judge's summary judgment is upheld: appellants breached the lease by purporting to terminate and redirecting LDC payments. The motion judge erred in imposing a buy-out remedy derived from subsequent contracts not agreed by these parties; damages are limited to restitution of the revenues wrongfully diverted ($30,700.68) with prejudgment and postjudgment interest as determined below. The solar equipment is treated as abandoned by Grasshopper and may be removed or used by the appellants at their expense; Grasshopper must remove title encumbrances. The appeal is allowe…
Source excerpt
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 held the written general security agreement covered Bavarian Gallery’s chattels and fixtures, but not inventory proved to belong to Shanrock Investments Ltd.
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