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Posts tagged Personal Property Security Act.

Many assume that, with the advent of privacy statutes, companies have been required to notify their customers, or the relevant statutory authority, in the case of a data breach or improper accessing of customer data.  However, to date, for the vast majority of provinces and territories in Canada, that has not been the case, and the choice of whether or not to tell even those ...

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Posted in Commercial

This is a vexing question. It generally arises when a rogue has made off with money or assets having perpetrated a fraud and has left behind two or more equally innocent victims. As between those victims, who should bear the loss?

Earlier this week, the Alberta Court of Appeal weighed in on just such a case. The short answer is that the court will look to the statutory rights of the ...

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Posted in Banking

In a pair of companion cases, the Supreme Court of Canada unanimously turned down an opportunity to patch over a priority lacuna in the federal Bank Act, S.C. 1991, c. 46 and, instead, held such security could rank after unregistered security granted under Saskatchewan’s Personal Property Security Act, S.S. 1993, c. P-6.2.  In doing so, the Court (quite rightly) rejected a ...

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