The 2020-2021 Annotated Ontario Personal Property Security Act
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Any time your commercial transactions involve debt security, there will be issues that must be considered under the province’s Personal Property Security Act (PPSA).
You can help smooth the way when taking and enforcing security by consulting Richard McLaren’s The 2020 Annotated Ontario Personal Property Security Act — a complete practitioner’s manual to the Ontario regime, written by an acknowledged expert.
New in this edition
In addition to the legislative and commentary updates, the 2020 edition includes the following new decisions:
- AGT Financial Corp. v. Ellake Services Ltd., 2011 CarswellBC 1073 (BCSC): Pursuant to s. 1(2)(c) of the Alberta Personal Property Security Act ("PPSA") (equivalent to s. 69(c)(ii) of the Ontario PPSA), the court fixed the Applicant creditor with knowledge of competing security interests in the debtor’s assets on the basis that one of its senior employees knew, or should have known, of the prior security interest claimed by the bank.
- Hariz v. 692599 NB Ltd., 2019 CarswellNB 183 (NBQB): it was held that s. 5(1)(b) of the New Brunswick Small Claims Act ("SCA") conflicted with ss. 63(2) and 67 of the New Brunswick PPSA. According to s. 70 of the New Brunswick PPSA, a conflict between two pieces of legislation will be resolved in favor of the PPSA unless the conflicting legislation is consumer protection legislation.
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