Brian H. Somer

The appellant, a real estate company, appealed an order enforcing the respondent's rights under fitness equipment leases and general security agreements.

The respondent had leased fitness equipment to numbered companies operating fitness facilities in premises owned by the appellant.

When the lessees defaulted, the respondent sought to repossess the equipment, but the appellant prevented access and removed equipment to undisclosed locations.

The application judge granted broad declaratory relief and repossession rights.

The Court of Appeal upheld the order, finding no procedural unfairness, that the relief was consistent with the lease terms and PPSA provisions, and that the inventory schedules were necessary to account for equipment the appellant had moved among its properties.

The applicant, a funding organization, sought possession of fitness equipment leased to various numbered companies operating out of premises owned by the respondent landlord.

The leases were in default.

The respondent challenged the applicant's status, arguing the leases were not properly assigned from the original lessor.

The court found the assignment was valid and the applicant had the right to possession under the leases, the General Security Agreements, and the Personal Property Security Act.

The court granted the application, ordering the respondent to cease impeding the applicant's access to the equipment.