2 total
A registered security interest in a fixture cannot be enforced against a mortgagee's sale proceeds if the fixture was removed prior to possession.
The applicant mortgagee took possession of a residential property under a power of sale.
Prior to possession, an air conditioner subject to a registered Notice of Security Interest by the respondent was removed by an unknown party.
The respondent refused to discharge its notice without payment from the sale proceeds, arguing a priority dispute under the Personal Property Security Act.
The court held that the PPSA establishes rights for fixtures that exist on properties, and since the fixture was removed, no priority dispute existed.
The respondent was ordered to bear the loss and discharge its interest.
Judicial review of privacy order largely dismissed; communications with third-party developer not protected by solicitor-client privilege.
The City of Kitchener sought judicial review of an order by the Information and Privacy Commissioner requiring the disclosure of certain records relating to a land purchase and reducing the search fee charged to the requestor.
The Divisional Court upheld the Commissioner's decisions regarding the fee reduction and the rejection of the third-party information exemption as reasonable.
The Court also agreed that communications between the City Solicitor and the third-party developer were not protected by solicitor-client privilege, but allowed the application in part on consent to exempt specific internal communications that had been incorrectly categorized.
