Canada Case Law

Canadian Imperial Bank of Commerce v. Zaynluke Restaurant Ltd.

Court

Supreme Court of Nova Scotia

The defence disclosed no basis for resisting CIBC's claim because the credit agreement and guarantees made the debt payable on demand, CIBC validly demanded payment, the defendants did not repay, no genuine issue of material fact remains and the defendants' good faith argument was not pleaded or material; summary judgment for CIBC is warranted and the defence is struck.

Source excerpt

• Demand loan
• Guarantee
• Breach of contract
• Summary judgment
• Good faith contractual performance
• Security agreement

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Highridge Homes Ltd. v. de Boer

Court

British Columbia Court of Appeal

The Court of Appeal allowed the builder’s appeal, holding that money paid into trust to remove a builders lien was not payment under the contract and interest kept running.

• Contract interpretation
• Contractual interest
• Builders lien
• Payment into trust
• Security agreement
• Mutual termination

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Gabrielle v. Enns Framing & Formwork Ltd.

Court

Supreme Court of British Columbia

The court held the builders lien was extinguished because no enforcement action was commenced in time and the lien was also filed outside the Builders Lien Act deadline.

• Builders lien act
• Limitation periods
• Security agreement
• Costs
• Builders-lien-act
• Limitation-periods

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Canadian Western Bank v. D.K. Heli-Cropper Int’l Ltd.

Court

Supreme Court of British Columbia

The court granted summary judgment for Canadian Western Bank, rejected the defence of improvident realization, and held the defendants estopped on the counterclaim.

• Improvident realization
• Summary trial suitability
• Guarantees
• Security agreement
• Issue estoppel
• Costs

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Saran v. Cartonio, Inc.

Court

British Columbia Court of Appeal

Leave to appeal from the dismissal of a summary trial application was refused. The court found credibility conflicts and overlap with a counterclaim required viva voce evidence.

• Summary trial
• Duress
• Economic duress
• Counterclaim
• Issue estoppel
• Security agreement

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Southern Cone Capital Ltd. v. EmVest Food Products (Mauritius) Ltd.

Court

Supreme Court of British Columbia

The court refused to appoint a receiver over preferred shares because key issues about settlement, debt, and limitation were genuinely disputed and needed a trial.

• Receivership
• Appointment of receiver
• Settlement agreement
• Accord and satisfaction
• Limitation period
• Security agreement

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PG Low Cost Towing v. Insight Progressive Holdings Ltd.

Court

Supreme Court of British Columbia

The court held the landlord terminated the lease by locking out the tenant, so the distraint was unlawful. The plaintiff also obtained declarations and costs.

• Distress for rent
• Lease forfeiture
• Bailee's undertaking
• Security agreement
• Impoundment
• Lock change

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2441472 Ontario Inc. v. Collicutt Energy Services

Court

Court of Appeal for Ontario

The order was interlocutory because the formal order merely dismissed the motion without expressly and finally determining the enforceability of any security agreement; the validity of the PPSA registration was collateral to the real dispute about contractual performance and damages, so the Court of Appeal lacked jurisdiction and the appeal was quashed.

Source excerpt

• Interlocutory appeal
• Purchase money security interest
• Personal property security act (ppsa)
• Security agreement
• Jurisdiction
• Motion practice

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1161267 Ontario Ltd. v. Mei

Court

Court of Appeal for Ontario

The Court upheld the motion judge's grant of summary judgment because the written agreement and the security unambiguously established the defendants' guarantee of the debt, there was no genuine issue requiring viva voce evidence or credibility findings, and the motion judge properly considered the evidence in interpreting the contract.

Source excerpt

• Summary judgment
• Contract interpretation
• Security agreement
• Guarantee
• Costs

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Morriss v. Cuttler

Court

Supreme Court of British Columbia

The court ordered the plaintiff to give fuller particulars of his alleged land interest, conspiracy and fraud claims, and stayed those claims until particulars were provided.

• Conspiracy
• Fraud
• Particulars
• Stay of proceedings
• Solicitor-client communications
• Security agreement

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