OBA.org - Personal Property and Securities Law

Ontario Personal Property Security Act Registration Made in “Shake-Down” Attempt Results in Award of Substantial Indemnity Costs Against Corporation and Sole Director

February 12, 2015
Alex Tarantino

In September 2014, the Superior Court of Justice (Ontario) ordered the discharge of an Ontario Personal Property Security Act registration that was made in an effort to “shake-down” and intimidate a third party law firm and one of its senior partners and awarded costs on a substantial indemnity basis jointly against a corporation and the individual behind it.

The <em>Indoor Management Rule</em> and Security Grant in a Signed Purchase Order Upheld

The Indoor Management Rule and Security Grant in a Signed Purchase Order Upheld

February 06, 2015
Jonathan Fleisher, Kerian Wallace

What level of support is needed to confirm that a document was properly executed, such that it would be binding on, and enforceable against, the corporate signatory?

“Be Honest”: Supreme Court of Canada Recognizes the Duty of Honest Contractual Performance

November 18, 2014
Marco P. Falco

The Supreme Court of Canada has held that the common law imposes a duty on parties to a contract to perform their obligations honestly.

Quebec’s Consumer Protection Act is Constitutionally Applicable to Banks

October 07, 2014
Daniel Everall

In September 2014, the Supreme Court of Canada issued a trilogy of decisions involving the application of Quebec’s Consumer Protection Act fee disclosure rules to credit card agreements.

Cases of Note

September 30, 2014
Jennifer Babe

KBA Canada Inc. v. 3S Printers Inc., Coast Mountain Aviation Inc. v. M. Brooks Enterprises Ltd., CFI Trust v. Royal Bank of Canada, Lemare Lake Logging Ltd. v. 3L Cattle Co., Royal Bank of Canada v. Atlas Block Co. Limited, GMAC Leaseco Corp. v. Jaroszynski, Wells Fargo, N.A. v. Best Theratronics Ltd.

When Does the Limitation Period Begin to Run for an Anticipatory Repudiation of a Contract?

January 31, 2014
Hovsep Afarian

Article written by Hovsep Afarian of McCarthy's Legal Opinion Group deals with determining the date from which the limitation period begins to run in a contract case based upon anticipatory breach.

Cases of Note

September 23, 2013
Jennifer E. Babe

Fifth Third Bank v. O’Brien RBC v. Samson Management & Solutions Ltd. et al Coast Mountain Aviation v. M. Brooks Enterprises Ltd. CIT Financial Ltd. v. Mike Closs Logging Ltd. Scott and Pichelli Ltd. v. Eveley International Corp. Puratone Corp. (Re) Re: Bock inc. 2013

Is Your Client a Payday Lender? Proposed Amendments to the Ontario Payday Loans Act

September 16, 2013
Jennifer Babe

Proposed Amendments to the Ontario Payday Loans Act will have consequences for lenders and lessors.

Cases

March 07, 2013
Jennifer Babe

Eagle Eye Investments Inc. v. CPC Networks, 2012;; Hav-A-Kar Leasing Ltd. v. Vekselshtein, 2012;; Wynndel Lumber Sales Ltd. v. Shukin, 2013;; Monical v. 0793545 B.C. Ltd., 2013; Ted LeRoy Trucking Ltd. (Re), 2012

Supreme Court of Canada

March 07, 2013
Jennifer Babe

Sun Indalex Finance; LLC v. United Steelworkers, 2013 SCC 6, on appeal from 2011 ONCA 578

Tracking Preferences

Personal Property and Securities Law