The trustee in bankruptcy appealed an order setting aside its disallowance of a secured claim based on an alleged purchase money security interest.
The court held that the general curative provision in s. 9(2) of the Personal Property Security Act cannot override the specific attachment requirements in s. 11, including the requirement that the debtor sign the security agreement.
A complete absence of execution is not a defect or omission curable under s. 9(2).
The respondent's claimed security interest was therefore not effective against the trustee.
