2 total
A vehicle temporarily in Ontario for convenience is not 'brought in' under the PPSA; out-of-province security remains valid.
The bankrupt purchased a vehicle in Alberta, financed by the creditor who registered its security interest under the Alberta PPSA.
The bankrupt later spent time in Ontario and brought the vehicle there, but maintained his Alberta employment, driver's license, and vehicle registration.
Upon bankruptcy, the trustee disallowed the creditor's secured claim, arguing the creditor failed to register in Ontario within 15 days of the vehicle being 'brought in' under s. 5(2) of the Ontario PPSA.
The court allowed the creditor's appeal, finding the vehicle was merely physically present in Ontario for convenience and had not been 'brought in' within the meaning of the Act, thus preserving the creditor's secured status.
Concrete supplier and installer held jointly and severally liable for defective floor installation.
The plaintiff sued the defendants for an unpaid concrete supply invoice of $6,698.64.
The defendants counterclaimed against the plaintiff and the concrete installer for breach of contract and negligence due to a defective concrete floor installation.
The court found that the installer failed to properly install the concrete topper and that the plaintiff had represented it would ensure the desired result.
The court held the installer and the plaintiff jointly and severally liable for $27,007 in repair costs, apportioned 75% to the installer and 25% to the plaintiff, subject to a set-off for the unpaid invoice.
