The plaintiff brought an action alleging the defendants conspired to acquire a property by fraud.
The moving defendants brought a motion for summary judgment to dismiss the claim.
The plaintiff argued its interest in the property, registered under the Personal Property Security Act, had priority over a subsequent mortgage registered under the Land Titles Act, and that the mortgage was void under the Planning Act for failing to include abutting lands.
The court found that PPSA registration does not provide notice to a subsequent mortgagee of real property, and the plaintiff failed to establish ownership of the abutting lands.
Finding no genuine issue requiring a trial, the court granted the motion and dismissed the action against the moving defendants.
