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Results: 1-10 of 38

Good news for secured creditors as value of their collateral increases
  • Cassels Brock & Blackwell LLP
  • Canada
  • November 5 2008

For most lenders, taking security from their borrowers is pretty straightforward: take a general security agreement covering inventory, receivables and all other collateral, add some guarantees, and then look to see if there are any other loose ends that need tying up


Motor vehicles in a consumer insolvency. British Columbia Court of Appeal determines trustees and consumers claims - TRAP for subprime auto lenders revisited
  • Cassels Brock & Blackwell LLP
  • Canada
  • April 18 2012

It is always an interesting question as to what rights a lender has with respect to a motor vehicle owned by a consumer who becomes insolvent, and whether a secured creditor is able to seize a motor vehicle in order to satisfy an obligation due under a loan


Negative Option Billing Regulations to come into force August 1, 2012
  • Cassels Brock & Blackwell LLP
  • Canada
  • April 4 2012

The Negative Option Billing Regulations (“Regulations”) first released in March 2011 in draft form for public consultation were published in final form in the March 14, 2012 issue of the Canada Gazette Part II


Abuse of the Repair and Storage Liens Act
  • Cassels Brock & Blackwell LLP
  • Canada
  • March 6 2012

Lawrence Gold recently presented on abuses of the Repair and Storage Liens Act (Ontario) (“RSLA”) impacting commercial finance and insurance companies to the Ontario Personal Property Security Legislation Committee (“PPSL Committee”


Perfecting security interests in cash collateral - proposed amendments to the Ontario PPSA
  • Cassels Brock & Blackwell LLP
  • Canada
  • February 28 2012

The most common liquid asset is cash as it is easily valued and transferred


Priority agreements in inventory financing parts and supplies should be carefully defined
  • Cassels Brock & Blackwell LLP
  • Canada
  • February 29 2012

The recent case of Toronto Dominion Bank v. Wheatland Industries (1990) Ltd.1 (the “Wheatland Case”) is instructive in its interpretation of priority agreements in inventory financing


Purchase-money security interests: cross-collateralizing without waivers
  • Cassels Brock & Blackwell LLP
  • Canada
  • April 12 2010

The recent decision of the Alberta Court of Queen’s Bench, Royal Bank of Canada v. Ramco Sales Inc., highlights the danger of using a purchase-money security interest ("PMSI") when trying to cross-collateralize assets under different financings with the same obligor


Payment cards recent developments
  • Cassels Brock & Blackwell LLP
  • Canada
  • August 3 2010

Recent federal legal developments concerning payment cards will interest financial institutions, payment card acquirers, merchants and consumers


Reliance on collateral descriptions reinstated and new hope that Section 7 of the Personal Property Security Act (Ontario) (where to register) will be proclaimed into force
  • Cassels Brock & Blackwell LLP
  • Canada
  • July 12 2010

As has been mentioned in previous e-LERTs from our firm, certain provisions of the Personal Property Security Act (Ontario) (the "OPPSA") were repealed


The battle is joined: the Competition Bureau’s case against Visa and Mastercard continues
  • Cassels Brock & Blackwell LLP
  • Canada
  • March 2 2011

As expected, Visa and MasterCard came out with guns blazing in their Responses to the Commissioner of Competition's claim that they had engaged in price maintenance contrary to Canada's Competition Act