M. Cook

Libro Credit Union brought a motion to determine a priority dispute over garnished funds.

Environmental Waterproofing Inc. had garnished funds from Jokey Plastics to satisfy a judgment against Huron Tract Holdings Inc. Libro claimed priority based on a perfected security interest under the Personal Property Security Act (PPSA).

Environmental argued that Libro's claim was statute-barred and would result in unjust enrichment.

The court found that Libro's security interest was deemed continuously perfected under the PPSA and took priority over the garnishment.

The court also held that Libro's claim was not statute-barred and that there was no unjust enrichment.

The garnished funds were ordered to be paid to Libro.

The defendant Estate Trustee brought a motion to dismiss the plaintiff's action against the Estate, arguing it was an abuse of process because it duplicated claims already raised in an ongoing application challenging the validity of the deceased's will.

The plaintiff had commenced the separate action to include claims of negligence and breach of fiduciary duty against the solicitor who drafted the will.

The court dismissed the motion, finding that while the claims against the Estate were duplicative, the plaintiff was not a vexatious litigant and the multiplicity of proceedings could be remedied by an order to try the action together with the trial of issues in the application.

The defendant brought a motion for summary judgment to dismiss the plaintiffs' claim for breach of warranty regarding defective windows and doors, arguing the claim was statute-barred.

The plaintiffs had purchased the products in 2008 and experienced leaking by 2010.

Despite ongoing repair attempts by the defendant, the plaintiffs wrote a letter in March 2012 threatening immediate legal action if the windows were not replaced.

The court found this letter demonstrated the plaintiffs knew litigation was an appropriate remedy at that time.

Because the action was not commenced until December 2014, more than two years later, the claim was statute-barred and dismissed.